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May 23, 2019, Recording of Free Community Conference Call (Every Other Thursday)<p>FAQ's: H-1B unpaid leave or time off, What to expect from H-4 EAD revocation, Options for career or school - while employment-based green card is pending, Impact on green card of job promotions</p>Fri, 24 May 2019 13:33:22 -0300Podcasts and Videohttp://youtube.com/v/ZATdEqY3zfQhttp://img.youtube.com/vi/ZATdEqY3zfQ/0.jpgMay 9, 2019, Recording of Free Community Conference Call (Every Other Thursday)<p><span>Discussion Topics, Thursday, May 9 2019:</span></p><p><span>FAQ: Traveling while H-4 and EAD is pending || Working for two employers on EAD </span></p><p><span>Other: Visitor visa extension || Cross Changeability in EB3 || Port old Priority date || Re-enter on H1B before the EAD/AP is adjudicated || Premium processing for EB2 I-140 petition for national of India</span></p>Fri, 10 May 2019 02:19:23 -0300Podcasts and Videohttp://youtube.com/v/hTeJPJMqTdohttp://img.youtube.com/vi/hTeJPJMqTdo/0.jpgApril 18, 2019, Recording of Free Community Conference Call (Every Other Thursday)<p><span>Discussion Topics, Thursday, 18 April 2019:</span></p><p><span>FAQ: Multiple years of CPT|| Options to stay in the USA after expiration of H-1B ||How to get H-1B approved for three years, not shorter duration ||Issues related to tourist visa/business visa (B-1-B-2) extensions ||</span></p><p><span>Other: H4 EAD expiration ||Green card interview for inter-filing cases ||Stay in the USA while I 485 pending||limitations on working beyond 240 days on H-1B extension pending ||How is the priority date determined? ||The law on Supplement J||Delay in getting physical green card after approval ||What can trigger deportation?||N – 400, naturalization issues</span></p>Sun, 21 Apr 2019 23:41:31 -0300Podcasts and Videohttp://youtube.com/v/Wux9H5AY_kYhttp://img.youtube.com/vi/Wux9H5AY_kY/0.jpgMarch 7, 2019, Recording of Free Community Conference Call (Every Other Thursday)<p><span>Topics of Discussion: Reentry permit|| OPT STEM extension|| I-485 RFE and EAD Card|| F2A priority date and filing I-485|| Apply for COS to F-1 visa|| Convert to O1 visa and then to GC|| Passport Impounded in INDIA: H1B Visa status invalid?</span></p>Fri, 08 Mar 2019 04:10:07 -0400Podcasts and Videohttp://youtube.com/v/ZGCPTbBVW28http://img.youtube.com/vi/ZGCPTbBVW28/0.jpgFebruary 21, 2019 Recording of Free Community Conference Call (Every Other Thursday)<p><span>Discussion Topics, Thursday, 21 February 2019: </span></p><p><span>FAQ: H-1B Employer deducting money from salary || Getting a second job after green card approval || Filing employment based green card while living outside USA || </span></p><p><span>Other: Converting pending cases to H-1B premium processing/H-4 EAD || I-485 EAD Advance Parole|| Filing N-470 || Getting H-1B extensions based on of I-140 approval of spouse || Three days out of status between H-1B approvals || H-1B remedy for non payment of wages due to government shutdown || Going from cap exempt H-1B to cap H-1B || Traveling on H-1B visa of previous employer||Filing employment based green card while living outside USA.</span></p>Fri, 22 Feb 2019 14:04:02 -0400Podcasts and Videohttp://youtube.com/v/-cGPxFFVmC4http://img.youtube.com/vi/-cGPxFFVmC4/0.jpgJan 24, 2019, Recording of Free Community Conference Call (Every Other Thursday)<p><span>Discussion Topics, Thursday, 24 January 2019: </span></p><p><span>FAQ: Green Card portability for EB-1C international managers or executives||What is the advantage of EB2 over EB3 category?|| Difference between final action dates for employment-based preference cases b. Dates for filing of employment-based visa applications || </span></p><p><span>Other: Consequences of moving locations for H-1B and green card cases ||Green card through marriage||H-1B approval beyond six years based upon I-140 approval of another employer||Defining same or similar job for AC 21 portability||Cross chargeability||Converting from EB-2 to EB-3 ||Doing business on H-1B ||Changing employers from nonprofit to for-profit ||Rejoining an old job after a denial of an H-1B transfer||Difference between AC 21 portability and 240 days regulation to continue working on H-1B ||When is a Supplement J required?</span></p>Fri, 25 Jan 2019 10:04:39 -0400Podcasts and Videohttp://youtube.com/v/Ylvxtw53wTkhttp://img.youtube.com/vi/Ylvxtw53wTk/0.jpgJan 10, 2019 Recording of Free Community Conference Call (Every Other Thursday)<p><span>Discussion Topics, Thursday, 10 January 2019:</span></p><p><span>FAQ: The logistics of porting a priority date, how to? ||Consequences of and logistical problems in dealing with criminal arrests or convictions in immigration cases||What to do when the 240 days H-1B work authorization is expiring?||Downgrading a case from EB2 to EB3 for priority date advantage||</span></p><p><span>Other: How to calculate H-1B time while the case is pending ||Successor in interest cases ||Transferring family-based cases ||Converting pending H-1B cases to premium ||H-1B visa stamping problems ||CSPA issues while the I 140 is pending||Filing an appeal against H-1B denial ||Effect on employment-based green card of relocation or moving abroad || REmoval of condition on green card through marriage</span></p>Mon, 14 Jan 2019 07:48:10 -0400Podcasts and Videohttp://youtube.com/v/iT2jsoJJHCkhttp://img.youtube.com/vi/iT2jsoJJHCk/0.jpgDec 13, 2018 Recording of Free Community Conference Call (Every Other Thursday)<p><span>Discussion Topics:</span></p><p><span>Marrying a Canadian and bring them to USA || I Apply for a NIW through EB2 || COS to L-1A || Can any company revoke I-140 after 180 days || H-1 transfer || 3 year H-1B extension || Fiance visa || H4 EAD and starting a business || EB3 to EB2 porting of priority dates</span></p>Fri, 14 Dec 2018 04:55:40 -0400Podcasts and Videohttp://youtube.com/v/QOnPQ0S8P7Uhttp://img.youtube.com/vi/QOnPQ0S8P7U/0.jpgRecording of Free Community Conference Call (Every Other Thursday) , November 29, 2018<p><span>Discussion Topics, Thursday, 29 November 2018: </span></p><p><span>FAQ: Effect of L-1A denial on approved EB-1C I-140 || Transfer of priority date on an I-140 -- process || Period of maximum stay allowed for tourist visa entrants || Continuing employment-based green card while moving outside the USA || Starting business on I-485 EAD|| Status expiring during the pendency of an H-1B extension || EB-2 approved applying for EB-3 || I-94 expired -- Unlawful Presence </span></p><p><span>Other: Travel during H-4 EAD || I-140 denial effect on concurrently filed I-485 || EB2 with a three-year bachelor’s degree || Green card for child born in Canada || H-1 transfer || 3 year H-1B extension || Four year delay in naturalization || Errors in H-1B approval || Fiance visa || Revocation of green card because of the company merger</span></p>Fri, 30 Nov 2018 03:40:58 -0400Podcasts and Videohttp://youtube.com/v/Af6GvbzZqoIhttp://img.youtube.com/vi/Af6GvbzZqoI/0.jpgNov 8, 2018, Recording of Free Community Conference Call (Every Other Thursday)<p><span>FAQ's<br><br></span><span>Impact of unlawful presence || Unlawful presence for minors ||How can I downgrade from EB2 to EB3 and the consequences || Traveling abroad while H4 EAD is pending || Filing change of address || Starting business while on student visa || Being without a job on AC21 || Citizenship for employees of consulting companies who have projects in different cities after green card || The new restriction on 12 months of CPT OPT combined – – consequences of H-1B denial on OPT || Not worked for green card sponsoring company – – fraud implication for naturalization/citizenship ||</span></p><p><span>Other</span></p><p><span>Applying for a visa || Details of applying for a spouse based green card || Cancellation of visa at the airport || Applying for H1 visa || Quitting green card job after getting green card || quarter exemption scratch that H-1B quota exemption || CSPA || Applying for H4 visa while H one extension is still pending</span></p>Fri, 09 Nov 2018 04:25:44 -0400Podcasts and Videohttp://youtube.com/v/htSoREU4MVMhttp://img.youtube.com/vi/htSoREU4MVM/0.jpgOct 25, 2018, Recording of Free Community Conference Call (Every Other Thursday)<p><span>Discussion Topics, Thursday, October 25, 2018: </span></p><p><span>FAQ: Travel during N-400 naturalization process || Impact of extending B-1 B-2 stay || Filing H-1B without an end client letter (supplied later)||NTA in employment based visa </span></p><p><span>Other: Marry a LPR holder || Changing jobs on the AC21 using supplement J || F-1 STEM OPT || Port back from EB3 TO EB2</span></p>Fri, 26 Oct 2018 03:24:15 -0300Podcasts and Videohttp://youtube.com/v/x5SAqQrPJdEhttp://img.youtube.com/vi/x5SAqQrPJdE/0.jpgRajiv’s Comments on KCRW Radio Show, Topic: &quot;Marrying an American doesn&#039;t save you from deportation&quot;Fri, 19 Oct 2018 03:31:38 -0300Podcasts and Videohttp://youtube.com/v/MMNwsvm2btQhttp://img.youtube.com/vi/MMNwsvm2btQ/0.jpgRecording of Free Community Conference Call (Every Other Thursday), October 11, 2018<p><span>Topics of Discussion: Oct 11, 2018</span></p><p><span>Transfer of H1-B without filing an I-140 immediately || Does changing employer automatically cancel/revoke previous H1B petition || Freedom of Information Act (FOIA) about I-140 || CAP EXEMPT H1-B || Can I use my EB3 to file Change of status application by using successor in interest document as my EB3 was done by my old company which was acquired by company XXX || Job portability under the AC21 || Can an employer retain the original I-797 and give only a copy if the I-797 to the employee</span></p>Fri, 12 Oct 2018 13:22:55 -0300Podcasts and Videohttp://youtube.com/v/nPImAi3ooHohttp://img.youtube.com/vi/nPImAi3ooHo/0.jpgRecording of Free Community Conference Call (Every Other Thursday), September 13, 2018<p><span>Sept 13 Conference Call, Topics of Discussion</span></p><p><span>Travelling outside the US when H1 is pending, but already have a valid H1 and stamping, SEP-11-2018 USCIS PREMIUM STOPPAGE / NO MORE RFE'S ON OR AFTER SEP-11-2018</span></p>Fri, 14 Sep 2018 00:03:48 -0300Podcasts and Videohttp://youtube.com/v/rl4isxyW1cMhttp://img.youtube.com/vi/rl4isxyW1cM/0.jpgAugust 30, 2018, Recording of Free Community Conference Call (Every Other Thursday)<p><span>Discussion Topics, Thursday,30 August 2018: </span></p><p><span>FAQ: H4 EAD based upon a prior employers I 140 approval; effect on I 140 of changing multiple employers; effect on prior I 140 if a subsequent I 140 is approved || Can I join my old employer if the H-1B transfer is denied? Filing green card through future employer || Green card based upon investment – – EB-5 || Effect on green card and naturalization of using public or government benefits || Porting priority date from EB 2 to EB 1</span></p><p><span>Other: Job titles to be used for naturalization application || How to have a spouse stay in the USA while the green card application is going on || Entering USA on H-1B approval for one employer and H-1B visa of another employer || H-1B transfer back to an approved location || Nunc Pro Tunk approval of H-1B and 212 (d) (3) waivers || EAD delays || Confusion about permanent address used || Green card holder studying abroad || Changing tourist visato a long-term visa || Correcting name errors || Repeat RFE's</span></p>Fri, 31 Aug 2018 03:30:05 -0300Podcasts and Videohttp://youtube.com/v/VtcPQ3kfN1Yhttp://img.youtube.com/vi/VtcPQ3kfN1Y/0.jpgAugust 16, 2018, Recording of Free Community Conference Call (Every Other Thursday)<p><span>Topics of Discussion: - Audit on the PERM process - Traffic violation for naturalization - H-1B transfer - H-4 visa interview</span></p>Fri, 17 Aug 2018 02:55:21 -0300Podcasts and Videohttp://youtube.com/v/rUj5YwQv_2Uhttp://img.youtube.com/vi/rUj5YwQv_2U/0.jpgAugust 2, Recording of Free Community Conference Call (Every Other Thursday)<p><span>Discussion Topics, Thursday 2 August, 2018: </span></p><p><span>FAQ: What are different wage levels for H-1B and green card jobs? || Travel outside the USA when a case is pending || The impact of the NTA memo Other: Green card renewal requirements/NTA policy || Getting promoted after getting green card || CPT and NTA policy || Past misrepresentation in immigration documents || Public assistance || Disclosing traffic tickets in naturalization || How soon can I leave after green card approval || 60 days grace period on H-1B changing status and quota issue || NTA Memo || Consequences of H-1B denial || Misclassification of H-1B job || EAD, AP and H-1B interaction || Couple applying for naturalization || Having two employers file for H-1B simultaneously || H-4 EAD</span></p>Thu, 02 Aug 2018 23:30:08 -0300Podcasts and Videohttp://youtube.com/v/xymapTY6EWIhttp://img.youtube.com/vi/xymapTY6EWI/0.jpgJuly 19, Recording of Free Community Conference Call (Every Other Thursday)<p><span>Discussion Topics, Thursday 19 July 2018:</span></p><p><span>FAQ: Getting promotions or changing job description while green card is pending || H-1B petition revocation during visa process/reaffirmation || Section 245(K) protection during AOS/I-485 || Specific issues in the Trump NTA policy for denials || Other: Humanitarian parole || How long can a green card holder stay outside the USA || TN TD issues || Registering for Selective Service || Getting married after getting a green card || Applying for advance parole || H-1, H-4 premium processing || Birth certificate for I-130 || F-1 COS denied for H-1B || Correcting priority date errors || H-1B quota where no COS or Visa || I-539 bridge petition</span></p>Fri, 20 Jul 2018 23:46:00 -0300Podcasts and Videohttp://youtube.com/v/Dv88GGO5G8Ihttp://img.youtube.com/vi/Dv88GGO5G8I/0.jpgJuly 5, 2018, Recording of Free Community Conference Call (Every Other Thursday)<p><span>Discussion Topics, Thursday 5 July 2018: </span></p><p><span>FAQ: How many days can I stay in the USA after H-1B denial a detailed discussion? || Applying for H-1B transfer while an extension request is under RFE|| Other: Applying for EB-1C, international managers/executives criteria || Desertion charges for military, effect on green card || 151 years for getting green cards ||Age for adoption/adopting a sibling for immigration || Being outside the USA on EAD || H-4 trading stock || TN for Management Consultant || H-1B transfers with approved I-140 || Promotions while green card is pending || H-4 to H-1 change || H-4 change of status || Green card pending changing jobs within the same company||Travel ban || Bridge H-1B petitions || PERM experience letters title, etc.</span></p>Fri, 06 Jul 2018 04:08:26 -0300Podcasts and Videohttp://youtube.com/v/Tl84c4h899Ehttp://img.youtube.com/vi/Tl84c4h899E/0.jpgJune 21, 2018, Recording of Free Community Conference Call (Every Other Thursday)<p><span>Discussion Topics, Thursday 21 June 2018: </span></p><p><span>FAQ: Changing jobs after I 140 approval || Can a green card be filed for me if I am on H4 or L2 or F1 – – any status other than H-1B or L-1A? || Can an employee withdraw an H-1B petition? || How to add forgotten information on to a naturalization application/N-400? Other: Changing jobs when an appeal to the Department of Labor (BALCA) is pending || Trading stocks while on H-1B or H4 status || Changing from H-1B to F1 status and back to H-1B again || How to extend my I 94 within the USA? || Obtaining EB2 with a three year degree || Procedure after a denied PERM is approved || Validity of I 140 after I 485 denial || Minimizing the future impact of an L-1A denial || Exemption from H-1B quota where visa is stamped but never joined the employer || WHD complaint against employer || Green card processing times || Receiving pension after surrender or loss of green card || Challenging wage levels determined by an employer || India EB-1 priority dates || Traffic violations in N400 || Checking status of PERM, etc.</span></p>Tue, 26 Jun 2018 03:53:28 -0300Podcasts and Videohttp://youtube.com/v/zuTMudeBaMwhttp://img.youtube.com/vi/zuTMudeBaMw/0.jpgJune 7, 2018, Recording of Free Community Conference Call (Every Other Thursday)<p><span>FAQ: Can EB-2 approved file for EB-3?</span></p>Fri, 08 Jun 2018 14:57:56 -0300Podcasts and Videohttp://youtube.com/v/iXnXjASxv-chttp://img.youtube.com/vi/iXnXjASxv-c/0.jpgMay 24, 2018, Recording of Free Community Conference Call (Every Other Thursday)Fri, 25 May 2018 08:41:56 -0300Podcasts and Videohttp://youtube.com/v/nzz-0ahPtkkhttp://img.youtube.com/vi/nzz-0ahPtkk/0.jpgMay 10, 2018 Recording of Free Community Conference Call (Every Other Thursday)<p><span>FAQs: - Effect of I-140 revocation on priority date - H-1B extensions through any employer - Is there any law to provide legal stay to the parent of US citizen child with disability? - Status of off-site placed STEM OPT extension students - how does one change status while within the United States?</span></p>Sat, 12 May 2018 07:36:58 -0300Podcasts and Videohttp://youtube.com/v/YG0stqkl52shttp://img.youtube.com/vi/YG0stqkl52s/0.jpgApril 26, 2018, Recording of Free Community Conference Call (Every Other Thursday)<p><span>Discussion Topics, Thursday 26 April 2018: </span></p><p><span>FAQ: Must I carry my green card with me at all times? ||H-1B and green card transfer from a non-profit organization to for-profit||Filing EB-5 investor case with a promissory note secured by property in a foreign country||At what stage should I join my future green card employer?||Child turning 21, immigration consequences for pending green card cases </span></p><p><span>Other: Compelling circumstances EAD after the age of 21 ||National interest waiver, J1 visa and physicians ||Immigration consequences of amending tax returns||ACICS Accreditation restored, effect on STEM OPT extension ||Advisability of travel using AVR – automatic visa revalidation ||Transferring H-1B quota case before first October ||Naturalization for a developmentally disabled applicant ||H4 EAD ||H-1B extension with PERM || Rules for AOS EAD extension, etc</span></p>Fri, 27 Apr 2018 03:04:52 -0300Podcasts and Videohttp://youtube.com/v/LymVQLm_oMEhttp://img.youtube.com/vi/LymVQLm_oME/0.jpgApril 12, 2018, Recording of Free Community Conference Call (Every Other Thursday)<p><span>Discussion Topics: - AOS status through EB3 category - E2 Visa (Visa for Australian Citizens only) with spouse on E2D (E2 Dependent) with work not allowed - Dependant EAD (C36) - NOID in H1B-Extension - carrying green card while going to office, shopping, library etc.</span></p>Fri, 13 Apr 2018 02:55:33 -0300Podcasts and Videohttp://youtube.com/v/0VgnzJQIBTwhttp://img.youtube.com/vi/0VgnzJQIBTw/0.jpgMarch 8, 2018, Recording of Free Community Conference Call (Every Other Thursday)<p><span>Discussion Topics, Thursday 8 March 2018: </span></p><p><span>FAQ: Change of status to student F-1 while green card is in process || H-4 EAD termination and converting to H-1B ||If H-1B transfer is denied, can go back to my old employer? || When does AC21 job portability begin? || Can H-1B be extended through a new employer while the I-140 is in process? || Which jobs can qualify for an H-1B visa? || EB-1C for functional managers - overseas team inclusion || The 180 rule for priority dates/H-1B extension || Leave without pay for H-1B / Status</span></p><p><span>Other: When is an H-1B amendment required? || Errors in H-1B, amendment || L-1A working in multiple countries || Extensions of OPT when there are accreditation issues with college || I-140 approved changing jobs; no pay stubs applying for H-1B || Status of H-4 if H-1 is rejected || H-1B transfer issues where old H-1 revoked || Concurrent H-1B || Duration of H-1B based upon project duration varying through different vendors in the chain of contracts ||</span></p>Mon, 12 Mar 2018 10:43:41 -0300Podcasts and Videohttp://youtube.com/v/kEkanoqTJw4http://img.youtube.com/vi/kEkanoqTJw4/0.jpgRecording of Free Community Conference Call (Every Other Thursday), Feb 22, 2018<p><span>Feb 22, 2018, Discussion Topics - 7th year H-1B extension - H-1B approval without I-94</span></p>Fri, 23 Feb 2018 01:30:23 -0400Podcasts and Videohttp://youtube.com/v/TuF2uS6yXe0http://img.youtube.com/vi/TuF2uS6yXe0/0.jpgRecording of Free Community Conference Call (Every Other Thursday), Feb 8, 2018<p><span>Discussion Topics, Thursday 8 February 2018:</span></p><p><span>FAQ: H-1B or other status denied - what is my status?|| Can I get H4 visa stamping while the H1 to H4 change of status is still pending? ||AC 21 job portability, changing jobs before 180 days || AC 21 job portability, changing jobs before 180 days || National interest waiver (NIW) filing when priority date is not current || Other: Fixing I 20 problems ||L-1A amendment issues ||changing from H-1B to F1 ||Reentry permit and N-470 || multiple H-1B filings for the lottery/quota ||returning back to old H-1B employer if H-1B transfer is denied ||Impact of terminated deportation proceedings, logistics ||impact of revocation of I 140, EB-1C filing || Entering the United States on H-1B without a job || Client address change, DS160 filing || H-4 EAD and H-1 questions</span></p>Fri, 09 Feb 2018 01:53:27 -0400Podcasts and Videohttp://youtube.com/v/fFPwgwrmbrEhttp://img.youtube.com/vi/fFPwgwrmbrE/0.jpgRecording of Free Community Conference Call (Every Other Thursday), Jan 25, 2018Fri, 26 Jan 2018 03:02:19 -0400Podcasts and Videohttp://youtube.com/v/leyCcJyY4Nwhttp://img.youtube.com/vi/leyCcJyY4Nw/0.jpgRecording of Free Community Conference Call (Every Other Thursday), Jan 11, 2018<p><span>Discussion Topics, Thursday 11 January 2018: </span></p><p><span>FAQ: Submitting adjustment of status, form I-485, When the applicant is in between projects/not working || H-4 EAD rules change and H-1B extensions rules change || Change in job title after getting a green card approval || Transferring H-1B while an RFE is pending || How to find an accredited university to get Master’s degree to process an EB-2 green card. Other: Wage requirements under the H-1B LCA ||Converting back to H-1B from a compelling circumstances EAD ||Extending H-1B from outside the USA with an approved I-140 || RFE pending delay in an adjustment of status case || Applying for adjustment of status while in authorized period of stay||Status while an H-1B extension spending ||Questions about EB-5 green card through investment/investment visa ||H-1B quota exemption if approved within</span></p>Fri, 12 Jan 2018 04:08:24 -0400Podcasts and Videohttp://youtube.com/v/9Cc5yL03Pm8http://img.youtube.com/vi/9Cc5yL03Pm8/0.jpgRecording of Free Community Conference Call (Every Other Thursday), Dec 14, 2017<p><span>FAQ: Does bad credit or private loans/litigation affect immigration? ||Changing jobs after I 140 approval, returning to the old job, procedures for starting new green card etc. ||Effect of salary variations during L-1A visa ||Implications of alcohol-related convictions, such as DUI, on immigration or H-1B ||Staying in the United States based upon the medical need of a child, B-2 or humanitarian parole.</span></p><p><span>Other: H-1B amendments for relocation, visa stamping ||Filing in EB-1C green card for international manager or executive ||Applying for H-1B from a third country||Proceedings after employee files WHD complaint ||Changing H-1B jobs while an extension is pending ||H-1B visa stamping problems||Applying for H-1B extension without a copy of the I 140 approval notice ||H-1B amendments for relocation ||Does change of location requiring L-1A amendment? ||Cross-chargeability, etc.</span></p>Fri, 15 Dec 2017 06:22:40 -0400Podcasts and Videohttp://youtube.com/v/B3g-1way0nUhttp://img.youtube.com/vi/B3g-1way0nU/0.jpgRecording of Free Community Conference Call (Every Other Thursday), Nov 30, 2017<p><span>Discussion Topics</span></p><p><span>FAQ: When does one become H-1B cap exempt? || Filing EB-1C, International Managers or Executives green card || Erroneously given longer duration on H-1B than eligible || Porting green card to a self owned company under AC21 portability || AC21 green card portability for a lateral move from developer to analyst || Revocation of H-4 EAD rules || H-1B RFE for specialty occupation || TN applying for green card ||</span></p><p><span>Other: I-94 through new company H-1B || Issues related to H-1B transfer, not joining an employer, etc. || Changing for H-1B to H-4 EAD and back to H-1B || Denial of I-751 to remove conditional status’; NTA issued || Green card AOS/I-485 interviews for employment based applicants || Background checks for visa stamping || I-824 processing times for obtaining duplicate approval notice || Refund of premium processing fee || Getting F-1 visa from a consulate while family-based green card is pending || Effect on green card application of change in job duties/salary|| Traveling after green card approval, etc.</span></p>Sat, 02 Dec 2017 15:40:28 -0400Podcasts and Videohttp://youtube.com/v/DluNvttAywEhttp://img.youtube.com/vi/DluNvttAywE/0.jpgRecording of Free Community Conference Call (Every Other Thursday), Nov 16, 2017<p><span>FAQ: Is interview required for compelling circumstances EAD? || Can we open a company while on EAD? What kind of questions/documents will be needed in the I-185 AOS interview? || Does H-1B extension denial invalidate an existing H-1B? || What can be done if an H-1B is denied while in the USA? ||Impact of taking a long break while on H-1B. </span></p><p><span>Other: Traveling while an H-1B is pending || Impact on naturalization of an incorrect name in the past ||Working from home on and H-1B ||Name updated on form I-140||Applying for L-2 EAD and change of status to H-1B ||Erroneous name on passport, visiting on a tourist visa ||Applying for H-4 EAD, I 140 withdrawn before 2017 ||H-1B issued without an I 94||I 485 delay, etc.</span></p>Sat, 18 Nov 2017 00:01:20 -0400Podcasts and Videohttp://youtube.com/v/zlZLELUM3hghttp://img.youtube.com/vi/zlZLELUM3hg/0.jpgRecording of Free Community Conference Call (Every Other Thursday), Nov 2, 2017<p><span>Discussion Topics, Thursday 2 November 2017: </span></p><p><span>-H1B Amendment Approved without I-94 attached</span></p><p><span>-Changing from Non-Profit (Cap-Exempt) H1 to Profit (Cap-Subject) H1 and GC filing </span></p><p><span>- </span>Family based<span> second category GC (F2A) </span></p><p><span>- Transfer J-1 Visa </span></p><p><span>- H1 and H4 Extension approvals </span></p><p><span>- Upgrading H-1 B to premium processing</span></p>Sat, 04 Nov 2017 01:24:17 -0300Podcasts and Videohttp://youtube.com/v/zT955CWZ2yohttp://img.youtube.com/vi/zT955CWZ2yo/0.jpgRecording of Free Community Conference Call (Every Other Thursday), October 19, 2017<p><span>Discussion Topics, Thursday 19 October 2017:</span></p><p><span>FAQ: Pros and cons of adjustment of status and consular processing for green card || Applying for green card while holding H-4 status; applying for green card and permanent residence for another country simultaneously ||Changing status from tourist or business visa (B1 or B2) within the United States|| How to read the visa bulletin? || What type of questions can be asked in consular or adjustment of status interview for employment based applicants || Effect of a speeding ticket on green card or naturalization/citizenship || Effect of moving abroad while still on H-1B visa || Denial of H-1B on Level 1 wage issue || Doing business on H-4 EAD. Other: Family-based green card for an H-1B holder || Filing concurrent H-1B for family-owned business || Relationship between maintaining US permanent residence and expiration of green card || I-94 correction through the CBP || H-4 visa/status issues || H-1B laid off || H-4 EAD to H-1 || H-4 EAD issues, etc.</span></p>Fri, 20 Oct 2017 03:56:29 -0300Podcasts and Videohttp://youtube.com/v/1oSVrcU8O4ghttp://img.youtube.com/vi/1oSVrcU8O4g/0.jpgRecording of Free Community Conference Call (Every Other Thursday), Oct 5, 2017<p><span>Discussion Topics, Thursday 5 October 2017: FAQ: Current immigration/visa options for entrepreneurs || Immigration consequences of a denial of entry at the airport || Status of H-4 EAD litigation/suit || </span></p><p><span>Other: Status change while another application is pending (H-1, H-4) || RFE issued AFTER H-1 approval || I-485 Advance Parole staying in the USA after I-94 expiration || Change in job titles effect on green card and H-1 || VAWA for H-4 || Responding to level 1 wage on H-1 RFE || Timing etc. of green card application while H-1 is still in process || Citizenship, effect of </span>non<span> filing of taxes ||Applying for green card for step daughter || I-140 approval uncertain || Effect on H-4 EAD when H-1 loses job || H-4 EAD rule litigation || I-94 approval duration discrepancy || Time lines in green card || Level 1 wage issues</span></p>Sat, 07 Oct 2017 03:06:52 -0300Podcasts and Videohttp://youtube.com/v/i1OPgudwFkAhttp://img.youtube.com/vi/i1OPgudwFkA/0.jpgRecording of Free Community Conference Call (Every Other Thursday), September 21, 2017<p><span>Discussion Topics, Sept 21, 2017 </span></p><p><span>EB2 to EB1 conversion - F-1 to H-1B - L-1 to H-1B - Travel on H-1B - H-4 EAD - Fiancee Visa</span></p>Fri, 22 Sep 2017 01:40:14 -0300Podcasts and Videohttp://youtube.com/v/Uwe-8noDTOUhttp://img.youtube.com/vi/Uwe-8noDTOU/0.jpgRecording of Free Community Conference Call (Every Other Thursday), September 7, 2017<p><span>FAQ: Denial of naturalization/citizenship applications - the new trend || Are there any time limits on how late an I-485 can be filed after the priority dates become current? || Status and unlawful presence questions in the form DS-160 </span></p><p><span>Other: Filing H-1 B amendments while another case is pending ||Temporary EAD for H-4 holders ||Considerations for marriage-based green card ||Consequences of getting laid off on H-1B ||Quota H-1B transfer before October 1 ||H-4 visa stamping ||B visa canceled without prejudice || Adopting a child in H-1B status || Changing jobs after green card approval ||Consequences of H-1B visa denial and what to do thereafter ||Working from home on H-1B</span></p>Fri, 08 Sep 2017 03:42:05 -0300Podcasts and Videohttp://youtube.com/v/288p-IRInm8http://img.youtube.com/vi/288p-IRInm8/0.jpgRecording of Free Community Conference Call (Every Other Thursday), August 24, 2017<p><span>FAQ: Fastest method of getting spouse of a green card into the USA and reducing wait</span><br><span>FAQ: Is new H-1B visa stamping needed if you change employers?</span><br><span>FAQ: H-1B visa stamping in Canada or Mexico; importance of I-94</span><br><span>FAQ: What are the options of an H-1B visa is denied and petition sent for revocation?</span></p>Tue, 29 Aug 2017 11:54:43 -0300Podcasts and Videohttp://youtube.com/v/U9kMY3yjsJ0http://img.youtube.com/vi/U9kMY3yjsJ0/0.jpgRecording of Free Community Conference Call (Every Other Thursday), August 10, 2017<p><span>Discussion topics:</span><br><span>EAD Renewals, prevailing wages for Illinois, H-1B transfer, F2A category Green Card, Rules changed on LCA,&nbsp;</span><br><span>Point system - how it will affect those who are already waiting for Green Card.</span></p>Fri, 11 Aug 2017 03:47:22 -0300Podcasts and Videohttp://youtube.com/v/Btwie5zkwQAhttp://img.youtube.com/vi/Btwie5zkwQA/0.jpgRecording of Free Community Conference Call (Every Other Thursday), July 27, 2017<p><span>Discussion Topics, Thursday 27 July 2017:&nbsp;</span><br><span>FAQ: Does H-4 require a prior USCIS approval for visa stamping? ||I-485 applicant holding multiple jobs on EAD</span></p>Fri, 28 Jul 2017 01:05:06 -0300Podcasts and Videohttp://youtube.com/v/TNYIhkN7TuYhttp://img.youtube.com/vi/TNYIhkN7TuY/0.jpgRecording of Free Community Conference Call (Every Other Thursday), July 13, 2017<p><span>Discussion Topics, Thursday 13 July 2017:&nbsp;</span></p><p><span>FAQ: Evidence or documents created after the filing of a petition || H-4 EAD when an I-140 is revoked after 180 days || Can a green card be started on </span>F-1<span> status? || New regulations, effect on layoff after I-140 approval || Reentry permit to preserve green card and extensions || I-94 given for a shorter duration at the airport than the petition approval date ||</span></p><p><span>Other: Deportation for crimes || Changing status after marriage in the USA || Revocation of I-140 after 180 days || Effect of minor violations on immigration status || Filing H-1 amendment, etc. || Removal of condition, Form I-751 || Multiple I-94 issued || Changing status when a change of status petition is pending || PERM - effect of variation in job description/requirements || Getting a copy of I-140 by filing FOIA with USCIS || Applying for change of status to H-1 || Calculating deadlines for RFE response falling on holidays || Changing status from H-1 to F-1, etc.</span></p>Fri, 14 Jul 2017 03:04:44 -0300Podcasts and Videohttp://youtube.com/v/c16psqxtsH4http://img.youtube.com/vi/c16psqxtsH4/0.jpgAUDIO Recording for June 29, 2017 Conference CallMon, 10 Jul 2017 05:22:01 -0300Podcasts and Videohttp://youtube.com/v/http://img.youtube.com/vi//0.jpgRecording of Free Community Conference Call (Every Other Thursday), June 15, 2017<p><span>Discussion Topics, Thursday, 15 June 2017:&nbsp;</span><br><span>--------------------------------------------------------</span><br><span>FAQ: Exemption from H-1 quota, Visa stamped, did not join employer || The best methods for spouse of a green card holder to enter the USA || Effect of revocation of PERM on an already approved H1 extension || Applying for H-4 status while H-1 is pending || How to reset H-1 six years || FAQ: Applying for H-1B visa when there was a status violation ||</span><br><br><span>Other: Filing Form N-600 || Correcting H-1B visa errors || H-1B visa stamping where client company was acquired || Traveling on advance parole or H-1B visa || Changing place of birth in immigration records || Supplement-J || understanding motions to reopen || Criminal conviction || Changing status to J-1 || Parents status expires while I-485 is pending || Can a green card holder enter the US on a non-immigrant visa? || The new regulations for I-140, etc.</span></p>Fri, 16 Jun 2017 04:59:13 -0300Podcasts and Videohttp://youtube.com/v/B2Z8-1oExJMhttp://img.youtube.com/vi/B2Z8-1oExJM/0.jpgRecording of Free Community Conference Call (Every Other Thursday), June 1, 2017Fri, 02 Jun 2017 06:32:24 -0300Podcasts and Videohttp://youtube.com/v/UsAOGBy7XyEhttp://img.youtube.com/vi/UsAOGBy7XyE/0.jpgRajiv&#039;s Comments in Hangout Arranged by USINPAC with Congressman Raja KrishnamoorthyWed, 31 May 2017 18:31:26 -0300Podcasts and Videohttp://youtube.com/v/pF5g4Gdt34whttp://img.youtube.com/vi/pF5g4Gdt34w/0.jpgRecording of Free Community Conference Call (Every Other Thursday), May 18,2017<p>Discussion Topics, Thursday, 18 May 2017:&nbsp;<br>FAQ: Is it legal to work for a foreign based company in the USA? || Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc. || Physicians (FMG) NIW, AC21 portability, teaching to clinical position || Impact of a misdemeanor under Trump EO || Extending H-1/H-4EAD; working while extension pending || Filing green card through multiple categories or employers and/or family simultaneously || Activities permitted under H-4 EAD.<br>Other: Losing H-4 status when using EAD under I-485 || Can a child enroll in school under G-4 visa? || Acquiring Canadian nationality || Changing H-1 visa after changing employers during 60 days grace period|| H-1B changing employers while transfer or extension is pending || Taking a 6-month break on H-1, H-1 quota || L-1 to F-1 change of status || Adoption under US laws || Getting paid on 1099 || H-1B amendment when company acquired, etc.</p>Thu, 18 May 2017 17:25:43 -0300Podcasts and Videohttp://youtube.com/v/r_QviFEXoSohttp://img.youtube.com/vi/r_QviFEXoSo/0.jpgRadio show with Rajiv, Does &quot;Hire an American&quot; mean fire a foreigner?Mon, 08 May 2017 20:38:35 -0300Podcasts and Videohttp://youtube.com/v/Hov0r9XZVsMhttp://img.youtube.com/vi/Hov0r9XZVsM/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 20 April, 2017<p><span>Discussion Topics, Thursday, 20 April 2017:&nbsp;</span><br><span>FAQ: Trump’s executive order - effect on H-1B visas, I-485 approved while outside the USA - travel on AP or GC, H-1B 60 days grace period explained, Joining an employer after green card approval, H-1B title "Programmers" and USCIS site visits, Getting unemployment payments on H-1B, Travel while H-4 EAD is pending.</span><br><span>Other: Traveling during extension pending and H-1B visa stamping with 2 months left, CSPA issues, H-1B amendment for working from home, Green card through CP issues I-864, etc. H-1B and I-140 revoked, Reentry permit, Changing employers and H-1B visa stamping, H-1B visa stamping issues, Entry-exit process, etc.</span></p>Fri, 21 Apr 2017 04:37:25 -0300Podcasts and Videohttp://youtube.com/v/sx09LIkPY0Uhttp://img.youtube.com/vi/sx09LIkPY0U/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 6 April, 2017Sun, 09 Apr 2017 05:40:27 -0300Podcasts and Videohttp://youtube.com/v/30c_N3RYjAohttp://img.youtube.com/vi/30c_N3RYjAo/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 23 March 2017<p><span>FAQ: What if I never joined the employer who sponsored me for green card; What if I move back to home country while my green card process is still pending; Can I go back and join an employer who has my I-140 approval, but I left them; What if I move back to home country while my green card process is still pending; Filing two quota H-1 petitions simultaneously through different companies; Changing employers after 6 years of H-1 are over; H-4 EAD changing back to H-1; Do jobs have to be same or similar when I port my priority date; FAQ: Is it legal to do business in home country while working in USA on a visa; Consequences of I-140 revocation; Consequences of I-140 revocation.</span><br><br><span>Other: Extension of H-4 while I-485 is pending; Removing conditional status in a conditional green card through marriage I-751; H-1B issues; What to do/options if H-1 is denied; FAQ: Doing business in the USA on a B-1/B-2 visa.&nbsp;</span></p>Sun, 26 Mar 2017 03:12:12 -0300Podcasts and Videohttp://youtube.com/v/2oP9OIngU38http://img.youtube.com/vi/2oP9OIngU38/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 9 March 2017<p><span>Discussion Topics, Thursday, 9 March 2017:&nbsp;</span><br><span>FAQ: Revoke H-4 EAD regulation; Joining a company other than green card sponsor; staying abroad after green card - reentry permit; Green card holder staying abroad for more than 6 months; Medical problems/diseases that can cause issues in green card; Impact of the new I-140 regulations; Physician FMG applying for Cap H-1 through a cap exempt employer; Compelling circumstances EAD.</span><br><span>How to find out if my I-140 has been revoked, etc; AC21, changing jobs, when to file Supplement J;&nbsp;</span><br><br><span>Other: Correcting errors on I-140 approval; Revocation of I-140 and approval of H-1 extension; H-1 converting to B-1/B-2; Green card staying outside the USA for more than 6 months; Changing jobs after I-140 approval - priority date; H-1 extension when I-140 is denied, H-4 EAD, etc; Filling for N-400; I-130 returned to USCIS by consulate; Compelling circumstances EAD for child being sick; CSPA in family-based applications; etc.</span></p>Fri, 10 Mar 2017 10:41:45 -0400Podcasts and Videohttp://youtube.com/v/qWIdsAIiNtIhttp://img.youtube.com/vi/qWIdsAIiNtI/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 23 February 2017<p><span>Discussion Topics, Thursday, 23 February 2017:&nbsp;</span><br><span>FAQ: The new regulations, withdrawal of I-40, H-1 extensions; Will H-4 EAD Rule be revoked? || Can pending immigration applications be affected by changes in the law?|| Entering the USA on B-1/B-2 visa to get married; Misdemeanor conviction effect under Trump executive order; Legal rights/benefits of Green Card compared to H1B; Using for green card experience gained with end client; Automatic Visa Revalidation (AVR) traveling to Canada.</span><br><span>Other: PERM advertising requirements, salary; Does CSPA protect based upon an old I-140/PERM? || L-1A eligibility if visiting the USA frequently; Reopening abandoned green card case; I-140 revocation for errors; Changing from H-1 to H-4 while transfer is pending; H-4EAD and back to H-1; EB-1A for a computer professional; Consular processing of green card; Effect of affidavit of support; Counting H-1B period while COS is pending; etc.</span></p>Fri, 24 Feb 2017 11:08:41 -0400Podcasts and Videohttp://youtube.com/v/axFA0eA-oK8http://img.youtube.com/vi/axFA0eA-oK8/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 2017, February 9<p><span>Discussion Topics, Thursday, 9 February 2017:</span><br><span>FAQ: Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc; How can a US green card holder study abroad without losing their green card? || Automatic EAD extension, I-485 EAD; US Citizen applying for green card for brother or sister; How do we keep up with the rumors and changes in the laws; Should I travel outside the USA/H-1B visa stamping; When is an H-1B amendment required? || Job promotions during AC21 portability of green card; Impact of I-140 approval after 180 days, etc.</span><br><br><span>Other: Spouse of US citizen filing for naturalization; Following to join; Executive Order against criminal aliens; Change of status from L-2 to H-1B, remainder option, H-1 quota; Qualifying for OP after studying on H-4 visa, etc. || Starting green card from the I-485 stage; Going to home country for an extended period of time while green card is pending; Company going out of business during green card; Entry and reentry on visitors visa, etc.</span></p>Sat, 11 Feb 2017 03:05:13 -0400Podcasts and Videohttp://youtube.com/v/HVOjYplLmmkhttp://img.youtube.com/vi/HVOjYplLmmk/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 26 January 2017<p><span>Discussion Topics, Thursday, 26 January 2017:</span><br><span>FAQ: Traveling after applying for naturalization/citizenship pending; "Retroactive" effect of the new regulations; would H-4 EAD remain valid if I-140 is withdrawn; Serial H-1 transfers with multiple employers - H-1 transfers while another H-1 pending; What types of marriages in foreign countries are considered legal in the USA; Can an I-485 be filed without the help of an employer; FAQ: Impact on H-1 and green card of employer company's bankruptcy; FAQ: Impact of child turning 21 - green card, H-4, F-1; Delay in naturalization; Travel During H-1B Transfer/Extension Pending; Starting a nonprofit organization while on H-1 visa; H-1B expiring, PERM not filed, options; Trump and employment based immigration.</span><br><br><span>Other: Quota exemption from H-1 because of prior approval; Changing roles impact on PERM green card; Impact on green card of changing jobs; I-131/N-470 for children; etc.</span></p>Sat, 28 Jan 2017 03:17:08 -0400Podcasts and Videohttp://youtube.com/v/HiVfrXreg0ohttp://img.youtube.com/vi/HiVfrXreg0o/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 12 January 2017<p><span>Discussion Topics, Thursday, 12 January 2017:</span><br><span>FAQ: FAQ: New Regulations Calculation of 180 days for H-1 extension and several related questions; FAQ: Consequences for green card and other in switching to H-4 EAD from H-1; FAQ: Compelling circumstances EAD&nbsp;</span><br><br><span>Other: DUI affect on naturalization; CSPA; L-2 reentering the USA; SEVIS errors and J-1 options; Abandonment of I-130; Types of H-1 extensions after 6 years of H-1 are over; Applying for naturalization - counting days; Rules for H-1B quota exemption; Applying for h-4 visa; I-131 reentry permit; Effect of employer’s bankruptcy on green card and H-1, etc.</span></p>Mon, 16 Jan 2017 00:56:46 -0400Podcasts and Videohttp://youtube.com/v/M-9mEoSRoSEhttp://img.youtube.com/vi/M-9mEoSRoSE/0.jpgGreen Card Through National Interest Waiver, The New Standards 2017Fri, 06 Jan 2017 15:02:13 -0400Podcasts and Videohttp://youtube.com/v/Ts6zVAdfRmkhttp://img.youtube.com/vi/Ts6zVAdfRmk/0.jpgRadio Show Discussing Overview of New I-140 EAD, etc. RegulationsFri, 02 Dec 2016 15:05:27 -0400Podcasts and Videohttp://youtube.com/v/C790gvoocOchttp://img.youtube.com/vi/C790gvoocOc/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 1 December 2016<p><span>Discussion Topics, Thursday, 1 December 2016:</span><br><span>FAQ: New I-140 EAD regulations -- Extending H-1 after I-140 revocation, retaining priority dates under new regulations, per country limits, EAD under the new regulations; effective date of new regulations; Visa cancelled CWOP, 214(b) denial; FAQ: Implications of joining an end client where H-1B employer objects, H-1B employer not paying salary - DOL Wage and Hour Division Complaint WH-4; AC21 green card portability, "same or similar" job under old/new regulations, working on 1099 as contractor; Frequency of visits and duration of stay on tourist/visitors/B-1/B-2 visa; Foreign Medical Graduates, Physicians, H-1B for part time jobs, concurrent cap and cap exempt H-1B employment.</span><br><span>Other: Consular processing green card through future employer; Can one start H-1B job before the requested start date? Court orders for migration of child by divorced parent; H-2B extension, denial, 240-day rule; Volunteering on F-1 OPT; Aging out; Name errors on green card; Humanitarian parole, H-1B change of status, etc.</span></p>Fri, 02 Dec 2016 14:55:29 -0400Podcasts and Videohttp://youtube.com/v/ptZZchM51zUhttp://img.youtube.com/vi/ptZZchM51zU/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 17 November 2016<p><span>Discussion Topics, Thursday, 17 November 2016:</span><br><span>FAQ: Refused entry 212(d)(3) waivers; L-1A for functional managers; Leaving employer after getting a green card; Changes in immigration after Trump.</span><br><span>Other: AOS for out of status; Giving and receiving money on H-1B visa/status; Name error in I-140; Medicaid for parents; Translations; Functional managers on L-1A; Denial of I-130; Losing green card; Amending H-1 is vendor changes; H-1 visa revocation; H-1B extension beyond 6 years; Priority date transfer; H-1 visa stamping; F-1 OPT based upon an employer who was not joined, etc.</span></p>Sat, 19 Nov 2016 22:09:26 -0400Podcasts and Videohttp://youtube.com/v/KTve1wKwUhohttp://img.youtube.com/vi/KTve1wKwUho/0.jpgImmigration Under Trump, Radio Show 10 November 2016<div id="watch-uploader-info"><span>Business Immigration, Employmenmt Based Immigration, Student Visas, Pending Cases</span></div>Fri, 11 Nov 2016 05:22:19 -0400Podcasts and Videohttp://youtube.com/v/RsgZ5orTTfwhttp://img.youtube.com/vi/RsgZ5orTTfw/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 3 November 2016<p><span>Discussion Topics, Thursday, 3 November 2016:</span><br><span>FAQ: Impact on H-1 if converting to H-4 EAD; FAQ: TN work for multiple employers; Legal name change process in the USA.</span><br><span>Other: I-751 - removal proceedings NTA; Premium H-1 extension while H-1 amendment is pending; TN working concurrently on two jobs; TN applying for H-1, quota exemption; Impact on green card, I-140 if changing employers; Date of birth errors; F-1 reinstatement and H-1 pending at the same time; Change of status to TN; CSPA for consular processing; Priority date transfer; EB-2 PERM filing; L-1 stock ownership; Receiving bonus checks from end clients while working through H-1 employer; Refiling PERM if job has changed; Going to school if a green card is pending, etc.</span></p>Sat, 05 Nov 2016 02:10:12 -0300Podcasts and Videohttp://youtube.com/v/egoMACHxjychttp://img.youtube.com/vi/egoMACHxjyc/0.jpgFree Community Conference, 20 October 2016, Every Other Thursday<p><span>Discussion Topics, Thursday, 20 October 2016:</span><br><span>FAQ: H-1B or Green Card changing job roles, How soon should I-485 be filed once dates are current; Changing jobs while a quota H-1 is pending; Changing jobs after I-140 approval; Applying for reentry permit; Filing a PERM based green card through a company owned or managed by a relative; Filing green card while on student visa F-1;</span><br><span>Other: How soon can I go for H-1 visa stamping; Does CBP officer at the airport have the right to search belongings, cell phone, etc? Large medical treatment bill; Green card for a nurse; Visitors/Tourist visa reentry; Using experience under PERM as a contractor; EB-1C if I have been in the USA already for three years; Traveling while H-1B amendment is pending; Applying for H-4 EAD; H-1B remainder option; Applying for tourist/visitors visa after having applied for green card; Factors affecting EB-1 green card; H-1 holder leaving USA for medical reasons.</span></p>Sat, 22 Oct 2016 01:56:00 -0300Podcasts and Videohttp://youtube.com/v/1kW8EC-cnP8http://img.youtube.com/vi/1kW8EC-cnP8/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 6 October 2016<p><span>Discussion Topics, Thursday, 6 October 2016:</span><br><span>FAQ: Issues regarding changing jobs while on H-1:-- Is there a minimum time gap necessary to transfer H-1 from one job to another, change jobs| timing of resigning and joining; Errors in visa and passport; Name spellings different in various documents; Arrival departure records from-to Canada; Liquidated damages clause in H-1 employment contract; Applying for EB-1 if EB-2 is in process; Changing careers on H-1</span><br><span>Other: Indian passport for child born in USA; Priority dates movement; Work visa or status for students; Correcting errors in I-140 approval; Changing from B (visitors visa, tourist visa, business visa) to student status; Minimum days needed on passport expiration for visa entry; Processing through NVC; H-1B extension beyond 6 years; Visa dates movement, changing jobs on H-1, priority date transfer, approval of I-140; Adoption and immigration; Name discrepancy when applying for parents visa; Changing jobs, filing I-485, precautions for priority date transfer, etc</span></p>Fri, 07 Oct 2016 04:42:22 -0300Podcasts and Videohttp://youtube.com/v/Dz6w3fNqozshttp://img.youtube.com/vi/Dz6w3fNqozs/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 22 September 2016<p><span>Discussion Topics, Thursday, 22 September 2016:</span><br><span>FAQ: Effect of divorce on employment-based immigration; Can a student on F-1 visa apply for a green card?&nbsp;</span><br><span>Other: Changing jobs after I-140 approval; Gap in H-1 traveling outside USA with I-485 AOS pending; H-1 staying in India and receiving US pay; L-1/H-1 helping parents apply for tourist/visitors visa - medical treatment; Rent/lease problems effect on naturalization/citizenship; Re-entering USA with just a few days remaining on H-1 visa/extension applied; Green card times; Reopening and denial of an H-4/EAD; Working on EAD; H-4 volunteering to gain CPA experience; H-1 visa stamping; H-1 cap exemption; H-1 visa stamping - job titles and salary conflict; I-94 problems; Changing jobs after I-140 approval; H-1B visa stamping; Status problems for a nurse</span></p>Fri, 23 Sep 2016 11:22:18 -0300Podcasts and Videohttp://youtube.com/v/CNg2S6-odCUhttp://img.youtube.com/vi/CNg2S6-odCU/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 2016, September 8<p><span>Discussion Topics, Thursday, 8 September 2016:</span><br><span>FAQ: Am I exempt from H-1 quota if visa was not stamped? Does AC21 permit promotions and higher salary for same or similar job? N-400 naturalization/citizenship delays; Applying for parents green card, I-130, I-485, birth certificate, marriage certificate, etc; Continuing work outside USA despite approval of L-1A;&nbsp;</span><br><span>Other: Quota impact of revocation of H-1; Green card filing and impact of Trivalley university; Travel on H-1 with just a few days left; Change jobs after green card approval; Transferring H-1B quota jobs; Surrendering reentry permit; Filing FOIA request to get H-1 and I-140/PERM papers; Cross chargeability - how to prove country of birth; Applying for H-1B and traveling on visa in an old passport; H-1B extension more than 6 months before expiration; H-1B visa stamping; etc.</span></p>Fri, 09 Sep 2016 02:59:06 -0300Podcasts and Videohttp://youtube.com/v/dFy9fL57z9Ahttp://img.youtube.com/vi/dFy9fL57z9A/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 25 August 2016<p><span>Discussion Topics, Thursday, 25 August 2016:</span><br><span>FAQ: Quota H-1 pending, status after 1 October; Documentation needed to prove future job offer for EB-2; Green card holder staying outside the USA for less than 12 months.</span><br><br><span>Other: Applying for H-4 EAD; Priority date transfer for old I-140; Can one stay in USA after EB-1C filing, if priority dates are not current; Confirming whether or not an I-140 case is selected for consular processing; Proving parent child relationship for green card; Filing an EB-2 case; I-140 priority date transfer; H-4 visa stamping and completing education in the USA; Changing employers after I-140 approval; H-1 extensions; Can I find out how many I-140 cases my company has filed and revoked; Incorrect category status issued to child; Naturalization and past (erroneous) visa denials; Married military personnel filing taxes as single, etc.</span></p>Thu, 25 Aug 2016 21:12:00 -0300Podcasts and Videohttp://youtube.com/v/ZdZdhRsXWpMhttp://img.youtube.com/vi/ZdZdhRsXWpM/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 2016, August 11<p><span>Discussion Topics, Thursday, 11 August 2016:</span></p><p><span>FAQ: Canadian citizen (or any person) getting married to a US green card holder; Consequences of denial of an H-1 transfer petition; When is an H-1B amendment necessary; Applying for green card for parents; Getting H-1 transfer while an amendment/extension is pending.</span><br><br><span>Other: Accompanying student minor, son to live in the USA on B-1/B-2 visa; Reentry permit applying for US citizenship; Parents moving to the USA healthcare and other issues; effect on priority date if I-140 employee remains outside the USA, etc; Affidavit of Support I-864 co-sponsor; Green card holder applying for spouse - Final Action dates on visa bulletin; H-1B extension if old I-140 is revoked, etc; Applying for H-1 through a new company, etc.; How to prove country of birth, etc.</span></p>Thu, 11 Aug 2016 22:17:12 -0300Podcasts and Videohttp://youtube.com/v/1he5dM--70Qhttp://img.youtube.com/vi/1he5dM--70Q/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 28 July 2016<p><span>Discussion Topics, Thursday, 28 July 2016:</span><br><span>FAQ: Criminal record, affect on naturalization, other risks; Criteria for EB-1C, international managers and executives, impact of receiving benefits; Tourist/Visitors/B-2 visa denial 214(b); How long is an I-140 approval valid; Legalizing status; Change of work location after filing for naturalization N-400 - 90-day rule for domicile; Gap required on a B visa revisit.</span><br><br><span>Other: Student (M-1) Visa stamping, changing to F-1; N-600; Conflicting I-94 on H-1 extension and amendment; 221(g) on H-1 visa; Priority date transfer after I-140; J-2 EAD processing; Protecting H-1 holder's share in company, green card processing; H-1B transfer salary and reporting company; H-1B changing employers, etc.; spouse of green card holder issues; When to file I-140/AOS after PERM approval; Correcting records with CBP; Overstay on B visa alleged; etc.</span></p>Fri, 29 Jul 2016 11:19:44 -0300Podcasts and Videohttp://youtube.com/v/t9TxPoIiDEQhttp://img.youtube.com/vi/t9TxPoIiDEQ/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 14 July 2016<p><span>Discussion Topics, Thursday, 14 July 2016:</span></p><p><span>FAQ: Priority date transfer across several companies; J-1 holder getting married to a US citizen; H-4 EAD when I-140 approved through a future employer; Automatic Visa Revalidation and H-1B amendments; Withdrawing I-485 AOS of spouse.</span><br><br><span>Other: Medicals RFE not received; Changing from H-1/H-4 to green card; Converting from H-1 to F-1 back to H-1; I-140 approved changing jobs; Pending I-140 EAD regulations; Mutiple green card petitions through future employers; Legal repercussions of deportation, N-400 record expunged, cannot obtain copies; US citizen applying for parent; Passport correction; H-1 company bankrupt; etc.</span></p>Fri, 15 Jul 2016 04:14:35 -0300Podcasts and Videohttp://youtube.com/v/Ex7wom97AwIhttp://img.youtube.com/vi/Ex7wom97AwI/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 30 June 2016<p><span>Discussion Topics, Thursday, 30 June 2016:</span><br><span>FAQ: Can one work during H-4 EAD renewal; Can a green card applicant (sibling of US citizen) remain in USA while green card is processed; Proving ties to home country for tourist visa; Can I look for a job while EAD is still pending;&nbsp;</span><br><br><span>Other: Remedy against a US citizen spouse; entering USA on green card, how long must I work with employer, maintaining green card; H-4 visa stamping problems; CSPA protection; Getting status updates on PERM; Effect on visa stamping of 30-day gap in status; Revocation of I-140 and priority date; Applying for OPT while H-1 is pending; New visa required or not if I change H-1 employers; AC21 options for EB-1C executive/manager; 3 year extension of H-1 through a new company based upon I-140 approval; etc.</span></p>Mon, 04 Jul 2016 13:04:52 -0300Podcasts and Videohttp://youtube.com/v/-2roR0Ox3gIhttp://img.youtube.com/vi/-2roR0Ox3gI/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 2016, June 16<p><span>Discussion Topics, Thursday, 16 June 2016:</span><br><span>FAQ: Traveling on I-551 stamp and maintaining green card; Quota H-1 changing jobs before 1 October; EB-2 and how to find a company that sponsors green cards; How can employees save themselves from corporate fraud by employers; Correcting names discrepancy FNU LNU; Filing new green card if job changes; Filing new green card if job changes.</span><br><br><span>Other: Simultaneous green card through employment and marriage to US citizen; Options to stay in the USA after visa/status expires; H-1 travel to USA, quota exemption; Apply for F-2 or H-4; transfer H-1 pay stubs; Transfer H-1 after it expires; E-2 visa partnership; Tourist visa to maintain status, out of status; Emergency visa stamping; Priority date transfer; etc.</span></p>Fri, 17 Jun 2016 12:30:14 -0300Podcasts and Videohttp://youtube.com/v/WGcYSH0Jtdshttp://img.youtube.com/vi/WGcYSH0Jtds/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 2016, June 02<p><span>FAQ: Successor in interest, effect of location change on green card; EB-5 investment-based green card loan, collateral, ownership; How soon can I leave the employer after green card approval; DUI/DWI visa revocation; EB-2 for nurses; What should employees do when employer convicted of visa fraud.&nbsp;</span><br><br><span>Other: I-94 expiring- passport duration; Children born within a few days after green card approval; H-1B amendment - change of location or project; H-1B cap exemption; Travel during STEM OPT extension; Opening a non-profit while on H-1; Physician (FMG) using H-4 EAD; H-4 extension; etc.</span><br><br></p>Fri, 03 Jun 2016 11:04:39 -0300Podcasts and Videohttp://youtube.com/v/1UrQZnTbOT8http://img.youtube.com/vi/1UrQZnTbOT8/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 2016, May 19<p><span>FAQ: Changing back to F-1 student status after filing for green card; I-94 given for duration shorter than entitled; H-1B amendment when change of cities; Impact of traveling while H-1 extension is pending; Birth certificate non-availability, affidavit; Changing jobs after I-140 approval; STEM OPT extension for consulting or staffing companies; Effect of divorce on an employment-based case and cross-chargeability; Transferring H-1 subject to cap, cap-gap extension; Remedy for denial of I-485 AOS; Sued by employer.</span><br><br><span>Other: Effect on relative petition if petitioner loses their green card; Revocation of I-140; Porting priority date; Changing jobs H-1 or EAD, converting from EAD to H-1; F-2 out of status converting to H-4; H-4 family traveling while H-1 extension is pending; CAP-GAP extension and drivers license; Effect of relocation to India during green card processing; Visa stamping for H-4 out of status, etc.</span></p>Sat, 21 May 2016 03:13:18 -0300Podcasts and Videohttp://youtube.com/v/T-SOgot4Ij4http://img.youtube.com/vi/T-SOgot4Ij4/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 2016, May 05Sat, 07 May 2016 05:08:40 -0300Podcasts and Videohttp://youtube.com/v/Dt5FYotJNF4http://img.youtube.com/vi/Dt5FYotJNF4/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 2016, April 21<p><span>Topics for Discussion, Thursday, 21 April 2016:</span><br><span>FAQ: Is H-4 Visa needed after H-4 EAD approval; H-1 cap exempt working concurrently for H-1 cap employer; Safe time to change jobs after I-140 approval; PERM-based green card through relative-owned company; What to do if company is under visa fraud investigation, indictment, conviction.</span><br><span>Other: L-1B expiring, options to stay and work in the USA; Form N-600 child born outside the USA to a US citizen parent; H-1 quota exemption if visa is not stamped; H-4 EAD gap in EAD; Attorney negligence in H-1 filing; H-1 approval for projects where duration is 6 months and only vendor letter is available – no end client letter; CAP Gap extension; Priority date transfer problem – delays; Police clearance from the USA; Unlawful presence under H-1B; Renewing green card; L-1A options to stay in the USA after 7 years; Applying for naturalization – several visits outside the USA – residency requirement; H-1B unlawful presence; Bounced check USCIS fees problems; etc.</span></p>Mon, 25 Apr 2016 04:25:14 -0300Podcasts and Videohttp://youtube.com/v/JAuGtRGoKvwhttp://img.youtube.com/vi/JAuGtRGoKvw/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 7 April 2016<p><span>Topics for Discussion, Thursday, 7 April 2016:</span><br><span>FAQ: Gaps in immigration status; Getting married when AOS I-485 is pending (following to join and other options); Name variation in diploma or degree, name change for immigration&nbsp;</span><br><span>Other: STEM OPT extension; H-1 approval quota exemption without visa stamping or working; I-94 for visitors B-1/B-2 visa; H-1 quota issues in converting from H-1 to H-4 then back to H-1; OPT sent incorrect/wrong fees; OPT if out of status; Revocation of I-140 and AC21 for a slightly different job (to Systems Analyst, from Software Developer); Unlawful presence consequences; Recouping time on OPT EAD lost because of USCIS processing delay; Travel while second RFE on I-485 is pending; I-751 delay; USCIS delays; Options upon receiving NOIR on I-140; EB-3 and H-1 from nonprofit to for-profit company – H-1 quota and EB-2 issues; Impact of I-140 withdrawal/revocation on H-4 EAD; etc.</span></p>Sat, 09 Apr 2016 09:56:26 -0300Podcasts and Videohttp://youtube.com/v/yI7Kw8cug1Ihttp://img.youtube.com/vi/yI7Kw8cug1I/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 24 March 2016<p><span>Topics for Discussion:</span><br><span>FAQ: 221(g) Administrative Processing problems with visa stamping; H-1 entering USA when visa is about to expire; Advantages of Special Handling process for PERM university professors; Travel while H-1 COS is pending; Does H-4 EAD has to be applied again if H-1 changes jobs?</span><br><span>Other: TPS from Nepal and AOS or COS; COS or visa stamping for F-1; 240 days H-1 pending; Applying for naturalization; PERM appeal; Changing employers after I-140 approval; I-140 approved, Applying for H-1 extension with another employer; Changing EB-1B job profile after green card approval; Options if OPT is denied; H-1B transfer through multiple employers; U visa; AC21 I-140 revocation when employer is out of business; Continuing (simultaneously) with old job even after green card is approved; etc.</span></p>Wed, 30 Mar 2016 00:58:59 -0300Podcasts and Videohttp://youtube.com/v/MSd8KlH8IAshttp://img.youtube.com/vi/MSd8KlH8IAs/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 10 March 2016Tue, 15 Mar 2016 04:18:46 -0300Podcasts and Videohttp://youtube.com/v/O_c7GKfn7cAhttp://img.youtube.com/vi/O_c7GKfn7cA/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 25 February 2016<p><span>Topics for Discussion, Thursday, 25 February 2016:</span><br><span>FAQ: Can I travel during the pendency of my (B-1, B-2 extension, H-1, H-4, H-4 EAD, L-1, L-2, I-130, I-140, I-485, I-485, Advance Parole, Reentry Permit etc.) case? When should I join my future green card employer, also recapturing time on L-1B; Can a denied H-1B petition make you cap exempt; Special immigration options for UK citizens; How to correct errors on a submitted Form DS-260.</span><br><br><span>Other: Effect of abandoned change of status from F-2 to F-1; Time for non-premium processing of H-1B employer transfer and process for H-4; Green card or status for autistic son; CSPA for family-based children and disclosing pending immigration application when applying for a student visa; Changing employers after I-140; OCI; The new I-140 regulations; Status when H-1 is denied; Options for addressing H-1 processing delays; Affidavit of support from a person domiciled outside the USA; H-1B extensions based upon old employer’s I-140; Cross chargeability; H-1B quota exemption, etc.</span></p>Fri, 26 Feb 2016 11:30:46 -0400Podcasts and Videohttp://youtube.com/v/1net1Wv5Prchttp://img.youtube.com/vi/1net1Wv5Prc/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 11 February 2016<p><span>Discussion Topics, Thursday, 11 February 2016:</span><br><span>FAQ: Traveling on EAD, Advance Parole, H-4; Does changing jobs require restarting green card; Returning to H-1 after I-485 EAD; Birth certificates and affidavits of birth, non-availability certificate, secondary evidence; E-3 visa change of employers and filing green card; Options after 6 years of H-1 are completed; Extending B-2 visa and status for dependent parent; Effect of change in project on EB-1C (International Managers/Executives) green card.</span><br><br><span>Other: H-4 for autistic son over 21; H-1 amendment location has changed; Using B-1 B-2 visa after Advance Parole expire, I-485 is abandoned; H-1 reuse and quota; I-140 priority date transfer and returning to old employer; H-1 quota if no visa was stamped; I-485 RFE; Correcting errors on Form I-130; Starting green card with new employer, porting (transfer of) priority date; AC21 changing jobs while RFE is pending; Denial of Form I-751, conditional permanent residence (green card); Resetting the clock on H-1B and L-1B; H-4 EAD issues; Applying for change of status from H-3 to F-1.</span></p>Tue, 16 Feb 2016 04:47:35 -0400Podcasts and Videohttp://youtube.com/v/7xQcX1GQCtghttp://img.youtube.com/vi/7xQcX1GQCtg/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 28 January 2016<p><span>Discussion Topics, Thursday, 28 January 2016:</span></p><p><span>FAQ: Conversion from H-1 to H-4 EAD and back to H-1 – H-1 quota; L-1B converting to H-1B change of status and quota; H-1 duration through a new employer after I-140 approved – starting a new green card – do job titles and job descriptions have to match; Reapplying for a B-2 visa after denial – importance of income; Filing B visa to maintain status – H-1 and H-1 extension durations when I-140 is approved – when I-140 is revoked – time USCIS takes to revoke an I-140; Visas for starting a restaurant business franchise in the USA.&nbsp;</span><br><span>Other: Changing jobs after returning on N-470; PERM approval after MTR/Appeal on harmless error/typo; Consequences of old employer withdrawing I-140; Limit on number of times one can apply for H-1; Porting priority date from an approved I-140 that was revoked for error; Entering to do business on a prior approved B-2 visa; L-1A and PERM based green cards; H-1 quota based upon prior approval.</span></p>Sat, 30 Jan 2016 01:26:40 -0400Podcasts and Videohttp://youtube.com/v/FjgOtbPcNuUhttp://img.youtube.com/vi/FjgOtbPcNuU/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 14 January 2016<p><span>Discussion Topics, Thursday, 14 January 2016:</span></p><p><span>FAQ: Percentage arrangement for salary; Naturalization (citizenship) after lengthy stay abroad; H-1 6 years expiring, options; H-1 Cap exemption, visa stamped, but never worked; FAQ: Can I apply for H-4 visa if H-1 visa is rejected; can I convert from H-4 to H-1; Filing multiple PERM/green card petitions; Green card EB-1C international executive or manager, L-1A.</span><br><span>Other: Entering USA close to visa expiration; L-1B to L-1A and PERM; Transfer of priority date, green card through future employment, H-4 EAD based upon old employer’s I-140; H-4 EAD applying for green card, extending H-1; H-4 to H-1 conversion; Green card through future employer; Green card job duties, job title, promotion; G-315a RFE; Affidavit of birth; H-4 EAD and Change of Status; Priority date transfer, etc.</span></p>Fri, 15 Jan 2016 11:18:54 -0400Podcasts and Videohttp://youtube.com/v/7v38N0gkzrwhttp://img.youtube.com/vi/7v38N0gkzrw/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 17 December 2015<p><span>Topics Discussed, Thursday, 17 December 2015:</span><br><br><span>FAQ: Can TN work on 1099 as independent contractor; Difference between I-140 withdrawn and revoked;&nbsp;</span><br><br><span>Other: H-1 quota exemption; H-1B denial; H-1B how to file Form DS-160; I-140 revoked, refiling; H-1 L-1 221(g); I-130 processing; I-485 approval while COS pending; I-90 to renew green card; Misrepresentation in visa/ESTA; Contract for B-1/B-2 visa for domestic help from foreign country; Getting H-1 extension I-140 revoked, refiled; DV lottery (NOT my area of expertise); H-1 change of location; Does H-4 extension also extend H-4 visa stamp automatically? I-140 recapture or port priority date; Travelling while STEM extension pending.</span></p>Fri, 18 Dec 2015 11:29:46 -0400Podcasts and Videohttp://youtube.com/v/Gl2WiBEALtkhttp://img.youtube.com/vi/Gl2WiBEALtk/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 03 December 2015<p><span>Topics Discussed, Thursday, 3 December 2015:</span><br><br><span>FAQ: How to calculate dates from visa bulletin; FAQ: What is I-485 Preadjudicate/Preadjudication? How soon must I join my future green card employer? Immigration implications of crime; petty offense exception; admissions and convictions; 212(d)(3) and other waivers; Naturalization delays; Birth certificate late registration and secondary evidence; H-1 status pregnancy and FMLA;&nbsp;</span><br><span>Other: Conversion from H-1 to H-4 to H-1 visa stamping; Vaccinations requirements for immigration; Is there a charge for I-140 revocation; H-4 EAD issues including travel and visa stamping; F-1 OPT eligibility; Changing employers I-140, I-485, H-1 issues; Changing employers effect on priority date and H-4 EAD; F-1 status – distance of home from college; H-1 quota where earlier approved then came on F-1; H-1 telecommuting; H-1 quota and stay calculation, etc.</span></p>Sat, 05 Dec 2015 01:05:16 -0400Podcasts and Videohttp://youtube.com/v/1QbgUmUUJvchttp://img.youtube.com/vi/1QbgUmUUJvc/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 12 November 2015<p><span>FAQ: Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status; New company sponsoring H-1; (flip flop again) revocation of I-140 by an employer does NOT revoke priority date; Green card through future employer; Pros and cons of H-4 EAD; Obtaining copies of approval notice and other documents through FOIA; Physician filing green card; Applying for green card and while visiting the USA; Risk and rewards in EB-5 investments in regional centers.</span><br><br><span>Other: New STEM OPT extension regulations; substituting petitioners in a family-based case; Resetting H-1 6 years clock; CSPA; Authorized period of stay when H-1 transfer is pending; F-1 visa stamping on OPT.</span></p>Fri, 13 Nov 2015 00:16:39 -0400Podcasts and Videohttp://youtube.com/v/H_VV9kV_lOghttp://img.youtube.com/vi/H_VV9kV_lOg/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 29 October 2015<p><span>Topics for Discussion, Thursday, 29 October 2015:</span><br><br><span>FAQ: Withdrawing one pending petition (H-4) when another is (F-1) approved; Writ of Mandamus against delay; Investment property while on H-1 (Buying and renting out a house); Starting my own company while on H-1; Priority date loss upon revocation of I-140; Consequences of getting laid off on H-1; etc.&nbsp;</span><br><br><span>Other: TN/TD Visa; I-14- approved, company acquired; Job termination AC21; Cross chargeability evidence (Iraq); Applying for H-1 from OPT and travel; H-1 transfer while an extension is pending,I-140 revocation and priority date; Minor son on tourist visa, parent on green card; PERM denial and probability of success; Naturalization delay; etc.</span></p>Fri, 30 Oct 2015 05:29:36 -0300Podcasts and Videohttp://youtube.com/v/F0YZD8zWm88http://img.youtube.com/vi/F0YZD8zWm88/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 15 October 2015<p><span>Topics for Discussion:</span><br><span>FAQ: J-2 or J-1 with 212(e) HRR converting to F-1 student; FAQ: For PERM is formal certificate required or completion of degree is enough; Correcting dates on I-94; Travel while H-1 extension pending – change in I-94#; Changing employers - what immigration documents should I keep; FAQ: Maternity leave on H-1, FMLA and status.</span><br><span>Other: Multiple I-140 approvals; I-140 denial; Cap-gap extension; Effect of change in citizenship on H-1; PERM/AC21 and multiple I-485 filing; Family-based green card change in category; Child turning 21 – CSPA and derivative non-immigrant status loss; L-1A visa and EB-1C filing; Filing I-485 for spouse; PERM more than 50% different job; Cross chargeability; I-130 fraud by spouse; Maternity leave on H-1; AOS filing; F-2 COS; H-1quota, etc.</span></p>Fri, 16 Oct 2015 13:39:09 -0300Podcasts and Videohttp://youtube.com/v/ZvUVIGTM-Kkhttp://img.youtube.com/vi/ZvUVIGTM-Kk/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 1 October 2015<p><span>We discussed these (and other) issues of US immigration:</span><br><span>FAQ: Can a J-2 holder get a HRR 212(e) waiver without J-1?</span><br><span>Other: Retaining green card while in Canada; Starting my company, violation of status; I-140 revocation; Unused H-1B for quota exemption; H1B to H4 COS without latest Paystubs; EAD renewal separated from spouse; H-4 EAD approved in error; Effect of salary reduction; H-1 transfer, OPT travel; Visa Waiver apply for AOS; Retaining priority date; Visa stamping for H-1B amendment; Arrest without conviction; Reentry permit, etc.</span></p>Fri, 09 Oct 2015 13:59:29 -0300Podcasts and Videohttp://youtube.com/v/XAfykYM-cUQhttp://img.youtube.com/vi/XAfykYM-cUQ/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 17 September 2015<p><span>FAQ: I-485/AOS/AC21 issues in job through future employer - I-485/AOS; Reentry permit; New Priority Date rules; Priority date port and multiple I-485/AOS petitions;&nbsp;</span><br><span>Discussed: H-1B extension using I-140 receipt; cross chargeability; Losing priority date when I-140 revoked; location change on L-1B visa; Porting priority date to a different job; Spouse of green card holder; H-4 EAD extension; Filing I-485 without employer; CSPA; Birth certificate issues; Petty offense exception; H-1B and maternity leave; I-485 through future employer; etc.</span></p>Fri, 18 Sep 2015 13:26:39 -0300Podcasts and Videohttp://youtube.com/v/OMuYdzLJ2qQhttp://img.youtube.com/vi/OMuYdzLJ2qQ/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 2015, 3 September<p><span>Discussed: Gap in status (H-4); EB-3 or EB-2 PERM distinction; BALCA appeal times; obtaining copy of I-140 receipt/approval FOIA; options to work after 6 years of H-1; Sponsoring green card while living outside the USA; OPT issues; CR-1 to IR; Obamacare and affidavit of support; cross-chargeability; E-1 visa; H-1B amendment; H-1 quota issues; multiple H-1 approvals; continuous residence for US citizenship/naturalization; I-140 revoked priority date; green card for researchers; etc.</span></p>Mon, 07 Sep 2015 10:10:56 -0300Podcasts and Videohttp://youtube.com/v/gqbCskouunEhttp://img.youtube.com/vi/gqbCskouunE/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 20 August 2015Fri, 21 Aug 2015 16:28:11 -0300Podcasts and Videohttp://youtube.com/v/nMAEGZTtBa0http://img.youtube.com/vi/nMAEGZTtBa0/0.jpgRecording of Free Community Conference Call (Every Other Thursday), 6 August 2015<p><span>FAQ: Investing/doing business while on H-1</span><br><br><span>Other issues: green card approved during your absence from the USA, H-1 quota exemption issues, business visas, travelling on H-1 visa, company harassing employee, H-1 approval vendor, revocation of I-140 and priority date, J-1 Home Residency Requirement, H-1B with a three year degree or two three-year degrees, two visas on passport, CSPA for over 21 child, experience letters.</span></p>Fri, 07 Aug 2015 13:31:22 -0300Podcasts and Videohttp://youtube.com/v/uA2RBxyxovMhttp://img.youtube.com/vi/uA2RBxyxovM/0.jpgRecording of Community Conference (Every Other Thursday), 2015, July 23<p><span>Discussed: FAQ - H-1B Employee, telecommuting/working from home, Applying for H-4 EAD while H-4 is pending.</span><br><span>Also: TN working as independent contractor, unlawful presence proof of legal entry I-94, H-1B quota, physicians’ H-1, converting EB-3 to EB-2, I-130, H-1 extension, MSA and area of intended employment, changing consulate location for visa interview, naturalization, OPT and F-2, etc.</span></p>Fri, 31 Jul 2015 16:01:17 -0300Podcasts and Videohttp://youtube.com/v/tSRYmjhoEzAhttp://img.youtube.com/vi/tSRYmjhoEzA/0.jpgRecording of Community Conference (Every Other Thursday), 2015, July 09<p><span>Discussed: FAQ: Refiling I-140 using old PERM (after 180 days);&nbsp;</span><br><span>Calculating recapture time for H-1; Form I-864, affidavit of support; maintaining green card; green card for parents; H-4 EAD; L-1 to F-1 to H-1; H-1 COS denial; simultaneously filing H-1 amendment and extension; H-1B amendment out of status; starting business on H-1; appeal/MTR against H-1 denial; marriage on B-1/B-2 visa; OPT eligibility; medical insurance; eligibility for naturalization; eligibility for EB-1C green card;</span></p>Fri, 10 Jul 2015 11:17:35 -0300Podcasts and Videohttp://youtube.com/v/ZBJhcjjIrzshttp://img.youtube.com/vi/ZBJhcjjIrzs/0.jpgRecording of Community Conference (Every Other Thursday), 2015, June 25 <p>FAQ: Simultaneous filing of H-1 amendment and extension, Green card through a future job, H-1 employer not paying, TN applying for green card.<br>Other Questions: Green card for relocated employee, H-1 time recapture and extension, Naturalization, L-1A and EB-1C, H-1B amendments, PERM and mesan tested benefits.</p>Thu, 09 Jul 2015 09:50:49 -0300Podcasts and Videohttp://youtube.com/v/PreNUXXW9KUhttp://img.youtube.com/vi/PreNUXXW9KU/0.jpgRecording of Community Conference Call (Every Other Thursday), 2015, June 15<p>Discussed: CSPA for EB-3 to EB-2; H-1B amendments; Marriage on B-2 visa/H-4; Consequences of travel without advance parole; Following to join process; H-1B liquidated damages contracts; Moving temporarily abroad while I-485 is pending; Relocation while green card is pending; Checking which MSA we are in; What is an H-1 amendment? Getting student visa while green card pending; L-2 EAD, etc.</p>Thu, 09 Jul 2015 09:40:21 -0300Podcasts and Videohttp://youtube.com/v/begxRld1iLchttp://img.youtube.com/vi/begxRld1iLc/0.jpgRecording of Community Conference Call (Every Other Thursday) 2015, May 28<p>FAQ H-4 EAD Issues:<br>Travel while EAD is pending; filing I-539 with I-765; I-140 withdrawal</p>Sat, 30 May 2015 01:50:53 -0300Podcasts and Videohttp://youtube.com/v/8N82R3qAiJohttp://img.youtube.com/vi/8N82R3qAiJo/0.jpgRecording of Community Conference Call (Every Other Thursday) 2015, May 14<p>FAQ: US Citizen applying for Green Card for visiting family member (spouse/parents); Birth and Marriage Certificate Issues; FAQ: Getting nanny/domestic help from India; FAQ: After getting Green Card - how long do you have to stay with your employer.</p>Wed, 20 May 2015 16:40:09 -0300Podcasts and Videohttp://youtube.com/v/ZHaiZELtWCEhttp://img.youtube.com/vi/ZHaiZELtWCE/0.jpgRecording of Community Conference (Every Other Thursday) 2015, April 30<p>FAQ: H-4 EAD filing while H-1 extension is pending; H-4 EAD. Converting from H-1 to H-4 EAD - good idea or not? H-4 EAD. Documents needed; name issues; processing times, etc.; H-4 EAD Expediting Possible?<br>Other Topics: Green card issues because of diseases; H-1 amendment with change of location; when is a degree considered to be completed;</p>Mon, 04 May 2015 16:30:22 -0300Podcasts and Videohttp://youtube.com/v/y6RtaKhuoIYhttp://img.youtube.com/vi/y6RtaKhuoIY/0.jpgRadio show, April 28, 2015, H-1 Lottery, H-4 EAD<p>Radio show April 28, 2015:</p><p>&nbsp;</p><p>Question1: &nbsp;My&nbsp; spouse is on H-1 visa and his former employer filed I-140 and then my spouse changed his employment to another employer&nbsp; and transferred his H-1, the I-140 has not been revoked by former employer. So my H-4 is with the former employer&nbsp; valid for three years, and current employer for my spouse has not filed H-1 for me. Is the H-4 from the former employer valid for file EAD or do I have to apply for H-4 again and what would be the documents that would I need to file H-4 EAD ?</p><p>Answer: Every time the H-1 holder changes&nbsp; job, the H-4 holder does not need to re -apply for H-4. Your H-4 is good.&nbsp; You don't have to have different H-4 for the employer. Of course, &nbsp;every time the H-1 holders change their job they have apply for new H-1 but as long as you never violated status and H-1 &nbsp;holder has &nbsp;never violated status that H-4 continued to be good from job to job to job, you are good.</p><p>Your&nbsp; second question was what document need to file H-4 EAD?</p><p>Answer is we don't&nbsp; know yet. When the instructions for the new form I- 765 come out along with the form I-765 they will tell you exactly what you need to submit . I suspect probably marriage certificate along with evidence of&nbsp; couple of last&nbsp; pay stubs of your husband's, copy of H-1 receipt and a copy of your H-4 receipt or approval or visa stamped. That typically they should be looking for. But I don't have any basis for saying, this is just my guess.</p><p>&nbsp;</p><p>&nbsp;Question 2:&nbsp; I got my H-1B petition approved last year, it got extended as well. I have never used any of these visas to work in the U.S. though I have travelled few times to U.S. but on B-1 visa for meetings with the customers. So the question is when do I become exempt from the H-1 quota?</p><p>Answer : In your situation when you are outside the USA, you become &nbsp;exempt from the H-1 quota &nbsp;when you get your visa stamped. So I think USCIS interpretation of law is faulty and&nbsp; incorrect, because in my view as soon as H-1 is approved you should be exempt from the quota but USCIS has taken the position that unless you get the visa stamped from the consulate we will not consider you exempt if you are outside the USA. So it appears to me that &nbsp;you should be exempt from the quota.</p><p>Question 3. I just got my citizenship and now wants to apply for my younger sister, who is alone in India.&nbsp; I lost my parents few years back so she is all alone but she is above 18. Is there any way I as a brother&nbsp; and only relationship here in United States apply for her Green card in such a manner that she can be here in United States as soon as possible.</p><p>Answer: Siblings Green Card is like&nbsp; planting mango trees, in India we used to have saying that mango trees takes so&nbsp; long to bring fruit that one generation plants the tree and the second generation eats the mangoes. It's kind of that for sibling cases, it takes 13 years for the Green Card to come through and there is no way we can expedite that Green Card. However&nbsp; leaving the option of Green Card filing&nbsp; you could look at the things like&nbsp; sponsoring her for her student visa if she wants to study or if she is an professional&nbsp; or intent to be professional soon she can come on H-1 or L-1 visa, like other people&nbsp; do. f you have money you can gift her half a million or million dollar depending upon what kind of money you have&nbsp; that you can invest in her. So Investment visa could be an option but&nbsp; there is no way you can expedite sibling green Card.</p><p>&nbsp;</p><p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp;&nbsp;</p><p>&nbsp;</p><p>&nbsp;</p>Thu, 30 Apr 2015 12:35:47 -0300Podcasts and Videohttp://youtube.com/v/-pr8ZWJ-m9Qhttp://img.youtube.com/vi/-pr8ZWJ-m9Q/0.jpgRecording of Community Conference (Every Other Thursday) 2015, April 16<p><span>Discussed: FAQ on Requirements for Extension of H-1 beyond 6 years; applying for visa from third country (TCN); after getting green card, how soon can I change jobs; birth certificate problems; H-4 EAD COS pending; File green card while on H-4; H-4 EAD - Can we own our business? Do we have to run own payroll? And &nbsp;</span><span>Applying for H-1 visa; US options for Canadian; applying H-1 through multiple employers; EB-5 for ; dentist; affidavit of support; EB-2 with 10 years of experience; EB-5 buy existing business; error on EAD; ; E-2 visa; priority date carry over; L-1A org chart, etc.</span></p><p><span>SUBSCRIBE to Immigration.com&nbsp;<a href="https://www.youtube.com/immigrationdotcom" target="_blank">YouTube Channel</a>&nbsp;for further updates.</span></p>Sat, 18 Apr 2015 03:08:51 -0300Podcasts and Videohttp://youtube.com/v/3Heaadpk1Ikhttp://img.youtube.com/vi/3Heaadpk1Ik/0.jpgRadio Show, April 15, 2015: H-4 EAD/Legal Immigration Reform StatusWed, 15 Apr 2015 15:10:30 -0300Podcasts and Videohttp://youtube.com/v/qDX9B8M2ErEhttp://img.youtube.com/vi/qDX9B8M2ErE/0.jpgRadio show, April 1, 2015, H-4 EADTue, 07 Apr 2015 01:10:02 -0300Podcasts and Videohttp://youtube.com/v/gbBVyjXJocEhttp://img.youtube.com/vi/gbBVyjXJocE/0.jpgCommunity Conference Call, 2015, April 2 (Every Other Thursday)<p><span>Discussed: FAQ Dual intent visas and filing green Card in multiple categories simultaneously, CSPA, Denial of F-1 student visa, FAQ: H-1 Receiving payments for past work/bonus (1099), change of location H-1B amendment, AC21 green card portability, naturalization, J-1 waiver, H-4 EAD: travel, fingerprinting, reentry permit&nbsp;</span><br><br><span>SUBSCRIBE to Immigration.com <a href="https://www.youtube.com/immigrationdotcom" target="_blank">YouTube Channel</a> for further updates.</span></p>Mon, 06 Apr 2015 13:31:37 -0300Podcasts and Videohttp://youtube.com/v/R4-_pic6TzYhttp://img.youtube.com/vi/R4-_pic6TzY/0.jpgRadio Show, 2015 March 25, legal immigration plan progress, L-1B visa changes, I-140 revocationThu, 26 Mar 2015 13:08:20 -0300Podcasts and Videohttp://youtube.com/v/y_VjIPwmbQUhttp://img.youtube.com/vi/y_VjIPwmbQU/0.jpgRecording of Community Conference (Every other Thursday), 2015, March 19Fri, 20 Mar 2015 11:23:12 -0300Podcasts and Videohttp://youtube.com/v/GtOqgqgEG6Ihttp://img.youtube.com/vi/GtOqgqgEG6I/0.jpgRadio Show, 2015 March 20, On Immigration Action, H-4 EAD, L-1B DenialsFri, 20 Mar 2015 09:47:57 -0300Podcasts and Videohttp://youtube.com/v/x9zfhKSye_ohttp://img.youtube.com/vi/x9zfhKSye_o/0.jpgCommunity Conference Call, 2015, March 5 (Every Other Thursday)Fri, 06 Mar 2015 14:09:03 -0400Podcasts and Videohttp://youtube.com/v/baprYGs8IzQhttp://img.youtube.com/vi/baprYGs8IzQ/0.jpgUS Immigration Questions, Feb 19, 2015 Free Community Call with Rajiv (Every Other Thursday)Thu, 19 Feb 2015 19:14:10 -0400Podcasts and Videohttp://youtube.com/v/3BDxO6-OQbchttp://img.youtube.com/vi/3BDxO6-OQbc/0.jpgRadio Show, 16 February 2015, Impact of Traveling while AOS/I-485 pending, CPT criteria, L-1 VisaTue, 17 Feb 2015 16:13:54 -0400Podcasts and Videohttp://youtube.com/v/X5EGbiKei1Qhttp://img.youtube.com/vi/X5EGbiKei1Q/0.jpgRadio Show, 2015, February 6, Discussion On Comprehensive Immigration Reform, Border Security and other Related IssuesSun, 08 Feb 2015 22:59:02 -0400Podcasts and Videohttp://youtube.com/v/kXg8_ESoVCAhttp://img.youtube.com/vi/kXg8_ESoVCA/0.jpgUS Immigration Questions, Feb 05, 2015 Free Community Call with Rajiv (Every Other Thursday) Fri, 06 Feb 2015 10:02:32 -0400Podcasts and Videohttp://youtube.com/v/xv_vI7O0d4Uhttp://img.youtube.com/vi/xv_vI7O0d4U/0.jpgRadio Show, 2015, 30 January on Immigration Reform, H-4 EAD, SB-1 Visa, 212(d))(3)) WaiverFri, 30 Jan 2015 15:59:44 -0400Podcasts and Videohttp://youtube.com/v/mPNBM2dPf-Ihttp://img.youtube.com/vi/mPNBM2dPf-I/0.jpgUS Immigration Questions, Jan 22, 2015 Free Community Call with Rajiv (Every Other Thursday)Thu, 22 Jan 2015 17:38:48 -0400Podcasts and Videohttp://youtube.com/v/sXq6DaDK7AAhttp://img.youtube.com/vi/sXq6DaDK7AA/0.jpgRadio Show, 2015, Jan 21, Future of I-Squared Act (S. 169), Unlawful Presence and Marriage to a US CitizenWed, 21 Jan 2015 17:12:47 -0400Podcasts and Videohttp://youtube.com/v/-Di9p3urOqchttp://img.youtube.com/vi/-Di9p3urOqc/0.jpgRadio Show, 2015, Jan 14, Immigration Innovation Act &amp; FAQ on Changing Jobs During Green CardWed, 14 Jan 2015 10:40:01 -0400Podcasts and Videohttp://youtube.com/v/uaBshBiaCUghttp://img.youtube.com/vi/uaBshBiaCUg/0.jpgUS Immigration Questions, 8 January 2015, Free Community Call with Rajiv (Every Other Thursday)Thu, 08 Jan 2015 17:13:38 -0400Podcasts and Videohttp://youtube.com/v/QvnIAm0nQJ8http://img.youtube.com/vi/QvnIAm0nQJ8/0.jpgRadio Show on Jan 7, 2015 Discussing Status of Obama&#039;s Immigration Action, Effect on EB-3 cases, H-1 Remainder Option, and H-4 EAD RegulationsWed, 07 Jan 2015 16:01:52 -0400Podcasts and Videohttp://youtube.com/v/Az0FFW5lHAIhttp://img.youtube.com/vi/Az0FFW5lHAI/0.jpgRadio Show 2015, January 2, Developments in Obama&#039;s #ImmigrationAction, EB-2 and EB-1 Criteria Fri, 02 Jan 2015 15:48:24 -0400Podcasts and Videohttp://youtube.com/v/YYom_dJ8Hlwhttp://img.youtube.com/vi/YYom_dJ8Hlw/0.jpgImmigration.com Client Testimonial, Reza Zarafshar, President, Advanced Computer ConceptsThu, 01 Jan 2015 18:37:03 -0400Podcasts and Videohttp://youtube.com/v/nLzUiTKD9uIhttp://img.youtube.com/vi/nLzUiTKD9uI/0.jpgDec 18, 2014 Free US Immigration Community Conference Call with Attorney Rajiv S. Khanna (Every Other Thursday)<p>We discussed: Working concurrently with H-1 cap exempt and quota employers, immigration issues if we have a special needs (cerebral palsy) child, applied B-2 to main status while F-1 is expiring, Section 245(k) and illegal work, DETAILED DISCUSSION OF I-140 REVOCATION IMPLICATIONS INCLUDING AC21, impact on H-1 of reentry on advance parole, Section 13 green card for diplomats, who can co-sponsor affidavit of support I-864, proving cross chargeability, transfer of priority dates for a future job approval</p>Mon, 22 Dec 2014 16:29:37 -0400Podcasts and Videohttp://youtube.com/v/LK_Y0Vma0Mkhttp://img.youtube.com/vi/LK_Y0Vma0Mk/0.jpgRadio Show, 2014, Dec 17, Court ruling against Obama (effect on legal immigration, undocumented, H-4 EAD) Wed, 17 Dec 2014 16:52:27 -0400Podcasts and Videohttp://youtube.com/v/cfRa4gxnwUohttp://img.youtube.com/vi/cfRa4gxnwUo/0.jpgRadio Show, 2014 December 10, Obama&#039;s Immigration Action ImplementationThu, 11 Dec 2014 14:22:27 -0400Podcasts and Videohttp://youtube.com/v/Izq3azP3oZ8http://img.youtube.com/vi/Izq3azP3oZ8/0.jpgDec 4, 2014 Free US Immigration Community Conference Call with Attorney Rajiv S. Khanna (Every Other Thursday)<p>Discussing change in job titles/duties during green card process, PERM EB-2 with foreign degrees, Obama’s executive immigration action, FOIA request if we don’t have I-140 copies, J-1 physician in waiver job applying for AOS/1-485, Error by USCIS giving time beyond 6 years on H-1, Work for old employer when new H-1 transfer approved, etc.<br>----------------------------------------<br><br><strong><a href="?sub_confirmation=1" target="_blank">SUBSCRIBE</a></strong> to Immigration.com YouTube Channel for further updates.</p>Thu, 04 Dec 2014 18:09:09 -0400Podcasts and Videohttp://youtube.com/v/3YV-qIlAEpIhttp://img.youtube.com/vi/3YV-qIlAEpI/0.jpgObama&#039;s Immigration Action, Discussion with Attorney Rajiv S. Khanna<p><strong>For updates, see my blog page on <a href="http://www.immigration.com/blogs/Obama-Immigration-Action" target="_blank">Obama's Immigration Action</a>.<br></strong></p><p><strong>Takeaway points for legal immigration from President Obama’s executive action:&nbsp;</strong></p><p>1. &nbsp; &nbsp; &nbsp;USCIS is “about to” publish the final rule on H-4 work authorization. &nbsp;That will make it possible for certain spouses of H-1 holders to get work authorization.</p><p>&nbsp;2. &nbsp; &nbsp; &nbsp;Improving employment-based green card backlogs by:</p><p>&nbsp;a. &nbsp; &nbsp; &nbsp; Making visa issuance more efficient so no immigrant visas are wasted;</p><p>&nbsp;b. &nbsp; &nbsp; &nbsp;Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs. &nbsp;USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field. &nbsp;USCIS must clear the path to career progression for green card applicants.</p><p>&nbsp;3. &nbsp; &nbsp; &nbsp;Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).</p><p>&nbsp;4. &nbsp; &nbsp; &nbsp;Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.” &nbsp;Unfortunately for India, this is an EB-2 category program requiring several years of wait. &nbsp;But the following parole program will help:</p><p>&nbsp;a. &nbsp; &nbsp; &nbsp; Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where:&nbsp;</p><p>&nbsp;i.They have raised financing in the USA; OR &nbsp;</p><p>&nbsp;ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research</p><p>&nbsp;5. &nbsp; &nbsp; &nbsp;Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.” &nbsp;As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait. &nbsp;But the parole option above could be helpful.</p><p>&nbsp;6. &nbsp; &nbsp; &nbsp;Providing clear guidance on L-1B program as to who can qualify.&nbsp;</p><p>&nbsp;</p>Mon, 24 Nov 2014 12:05:26 -0400Podcasts and Videohttp://youtube.com/v/revqVruVpichttp://img.youtube.com/vi/revqVruVpic/0.jpgFree US Immigration Community Conference Call with Attorney Rajiv S. Khanna, 20 Nov 2014 (Every Other Thursday)<div>&nbsp;</div><div>The following topics were discussed in today's community conference call.&nbsp; The video is attached below.</div><div>&nbsp;</div><div>Discussed: Abandonment of Green Card, OPT to H-1 change delay, immigration consequences of criminal conviction for misdemeanor (petty offense exception), N-470 to maintain residence, EB-2 filing, Investing in stocks while on H-1, delays and difficulty in entering the USA -- TRIP, H-4 visa stamping, getting married to a US Citizen while on H-1, marriage certificate, immigration reform, CSPA, Cross chargeability, Unpaid leave on H-1, H-1 visa stamping, NOIR for multiple H-1 filing through related companies, frequency of visits on B visa, employment verification letters in PERM.</div>Thu, 20 Nov 2014 18:51:41 -0400Podcasts and Videohttp://youtube.com/v/ujMQ79pgzX8http://img.youtube.com/vi/ujMQ79pgzX8/0.jpgRadio Show, Immigration.Com, 2014, Nov 19, Tourist visa, Obama&#039;s action on immigration, H-4 work Wed, 19 Nov 2014 16:48:39 -0400Podcasts and Videohttp://youtube.com/v/g7_s_X-4Mo4http://img.youtube.com/vi/g7_s_X-4Mo4/0.jpgImmigration.com Client Testimonial - Maria Victoria, Teacher at Sallie B. Howard School Tue, 18 Nov 2014 16:15:22 -0400Podcasts and Videohttp://youtube.com/v/P8q1xZHP7Vghttp://img.youtube.com/vi/P8q1xZHP7Vg/0.jpgFree US Immigration Community Conference Call With Attorney Rajiv S. Khanna (Every Other Thursday) 2014, Nov 6Fri, 07 Nov 2014 02:46:17 -0400Podcasts and Videohttp://youtube.com/v/xp4B1_qhvtMhttp://img.youtube.com/vi/xp4B1_qhvtM/0.jpgRadio Show, H-1B Violations, Protections for Employees and Other IssuesWed, 29 Oct 2014 13:02:34 -0300Podcasts and Videohttp://youtube.com/v/GqsQcfBK9Xshttp://img.youtube.com/vi/GqsQcfBK9Xs/0.jpgRadio Show, 2014, October 8, Green Card RelatedTue, 28 Oct 2014 01:12:56 -0300Podcasts and Videohttp://youtube.com/v/WWo0EPH4l4Uhttp://img.youtube.com/vi/WWo0EPH4l4U/0.jpgFree US Immigration Community Conference Call With Attorney Rajiv S. Khanna (Every Other Thursday), 2014 October 16Tue, 21 Oct 2014 15:14:33 -0300Podcasts and Videohttp://youtube.com/v/ks0vdG5Q0w4http://img.youtube.com/vi/ks0vdG5Q0w4/0.jpgImmigration.com Client TestimonialFri, 10 Oct 2014 00:00:00 -0300Podcasts and Videohttp://youtube.com/v/dZ9UUAdgROIhttp://img.youtube.com/vi/dZ9UUAdgROI/0.jpgFree US Immigration Community Conference Call With Attorney Rajiv S. Khanna (Every Other Thursday) October 2, 2014Fri, 03 Oct 2014 15:34:05 -0300Podcasts and Videohttp://youtube.com/v/k8UjR59p3Mwhttp://img.youtube.com/vi/k8UjR59p3Mw/0.jpgImmigration.com Client Testimonial - Dr. JoAnne Woodard, Director, Sallie B. Howard School <p>Immigration.com Client Testimonial - Dr. JoAnne Woodard , Director of Sallie B. Howard School for the Arts &amp; Education<br><br>Good morning, my name is JoAnne Woodard; I am the Founder and Executive Director of the Sallie B. House School for the Arts and Education in Wilson North Carolina for the past seventeen years. I am happy to give a reference and recommendation for the “Law Offices of Rajiv S. Khanna”.<br><br>We have been working with him for the past three years and the work that he has done for us has been Excellent. In the past, we have had a large number of immigrant teachers here at Sallie B. Howard, the entire time we have been in operation, large numbers. And we have used various attorney's over the years some good, some not so good, some very knowledgeable, some not so very knowledgeable and that resulted in complications and problems time to time, though we were able to get through those.<br><br>One of our staff members brought Rajiv's business to our attention. He actually had done some research and found a great record, well regarded, highly regarded in the industry and consultant some times for the government. It was really a Great Resume for the office. Even though he was in Washington D.C. and we are in North Carolina we took the trip up there to meet with him and to discuss what the service would be for us. <br><br>What we typically do are H-1B visas and green card petitions. And so we started out with him and found his services to be well beyond our expectations. More than that, for me I found him to be just stunningly brilliant, when it comes to the immigration laws and processes. We have had over the time some pretty difficult cases that the teacher had given upon on and we all said “wow “this is the shot in the dark to see if we can clean this part up or clear this up and get the right result. But Rajiv's folks were very confident and they always tell you exactly what you can expect. They don't promise something they can’t deliver and they were able to help us in every single case for past three years.<br><br>So, I highly recommend his company, they are people of integrity and they tell you exactly what to expect and we were pleased with their service. <br><br><br><br><br>There are several characteristics of the service that we get from this company that I want to point out. One is that timeliness and the responsiveness to our applications and to the conversations if we have to consult, then they get right back to us but more than that their meticulousness in which they do their work.<br><br>&nbsp;Everything is checked and double checked and nothing is submitted with errors and mistakes as we have experienced that many times in the past with other attorney's. I don't know if they are not as careful as they need to be sometimes or what happens but in the case of Rajiv's team they check and double check, they are careful. I don't think we ever had any application which returned or denied because of some error, even a telephone number, everything is exactly the way it is supposed to be and that means everything in this particular business when you are working with Federal government. <br><br></p>Thu, 25 Sep 2014 17:02:52 -0300Podcasts and Videohttp://youtube.com/v/Pf3W1pJESRshttp://img.youtube.com/vi/Pf3W1pJESRs/0.jpgFree US Immigration Community Conference Call With Attorney Rajiv S. Khanna(Every Other Thursday) 18 September 2014Mon, 22 Sep 2014 13:28:46 -0300Podcasts and Videohttp://youtube.com/v/oCLhtO0TYjohttp://img.youtube.com/vi/oCLhtO0TYjo/0.jpgImmigration Reform, SB-1 Visa, Medical Treatment, Practicing Law, Radio Show, 2014 September 10Wed, 10 Sep 2014 16:45:44 -0300Podcasts and Videohttp://youtube.com/v/6gWHdcHleughttp://img.youtube.com/vi/6gWHdcHleug/0.jpgUS Immigration Questions, Free Community Conference Call (Every Other Thursday), 2014, September 4Fri, 05 Sep 2014 14:27:30 -0300Podcasts and Videohttp://youtube.com/v/k8UjR59p3Mwhttp://img.youtube.com/vi/k8UjR59p3Mw/0.jpgF-1 Student to Green Card, Green Card Via Marriage, GC Holder Visit Abroad, Radio Show, 2014 Aug 29Fri, 29 Aug 2014 20:36:53 -0300Podcasts and Videohttp://youtube.com/v/TpQtjPKM6-Uhttp://img.youtube.com/vi/TpQtjPKM6-U/0.jpgUS Immigration Questions, Free Community Conference Call (Every Other Thursday), 2014, August 21 Fri, 22 Aug 2014 15:10:40 -0300Podcasts and Videohttp://youtube.com/v/4B3l5IL3z-4http://img.youtube.com/vi/4B3l5IL3z-4/0.jpgRadio Show, 21 August 2014, What can the President do for US immigrationThu, 21 Aug 2014 13:26:41 -0300Podcasts and Videohttp://youtube.com/v/5fnXYJEzYaohttp://img.youtube.com/vi/5fnXYJEzYao/0.jpgRadio Show, 2014, August 08, Independent India, What Have Gained/LostMon, 11 Aug 2014 13:37:31 -0300Podcasts and Videohttp://youtube.com/v/FQJgETUvDYEhttp://img.youtube.com/vi/FQJgETUvDYE/0.jpgCommunity Conference Call (Every Other Thursday) 2014, August 07Mon, 11 Aug 2014 08:30:45 -0300Podcasts and Videohttp://youtube.com/v/KcvA420ScEMhttp://img.youtube.com/vi/KcvA420ScEM/0.jpgEffect of Changing Status from B-1/B-2 (Business or Visitors Visa)Fri, 08 Aug 2014 10:04:52 -0300Podcasts and Videohttp://youtube.com/v/es4SlhcXr9Ehttp://img.youtube.com/vi/es4SlhcXr9E/0.jpgCommunity Conference Call (Every Other Thursday), 2014, July 24Fri, 25 Jul 2014 20:05:37 -0300Podcasts and Videohttp://youtube.com/v/hkH-y4fO9TEhttp://img.youtube.com/vi/hkH-y4fO9TE/0.jpgRadio Show, 2014, July 23Wed, 23 Jul 2014 14:13:21 -0300Podcasts and Videohttp://youtube.com/v/f6N15HMg6lkhttp://img.youtube.com/vi/f6N15HMg6lk/0.jpgCommunity Conference Call (Every Other Thursday), 2014, July 10Fri, 11 Jul 2014 14:01:21 -0300Podcasts and Videohttp://youtube.com/v/sZuKTqnP6FEhttp://img.youtube.com/vi/sZuKTqnP6FE/0.jpgCrisis of children refugees, a discussion with Voice of America<p>
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</p><p class="MsoNormal"><span>Rajiv S. Khanna participates as a special guest in a discussion with Voice of America on the Crisis of Children Refugees crossing the US borders from Mexico and thinks it is important first to understand that </span><span>the problem is not of enforcement, but defect in laws.<span>&nbsp; </span>By passing a Comprehensive Immigration Reform a policy is put into place that is cohesive. Right now the policy does not jive with the way things are. As there is no law there is no policy. Hence having the immigration reform pass would not help in the sense of just stemming or shortening up the borders. It would help in implementing a policy that is coherent and in accord with the times today.</span></p>Wed, 09 Jul 2014 03:32:52 -0300Podcasts and Videohttp://youtube.com/v/oiDgJQKH97Ehttp://img.youtube.com/vi/oiDgJQKH97E/0.jpgImmigration.com Client TestimonialWed, 25 Jun 2014 17:19:08 -0300Podcasts and Videohttp://youtube.com/v/-LONwTZyd9Yhttp://img.youtube.com/vi/-LONwTZyd9Y/0.jpgCommunity Conference Call (Every Other Thursday) 2014, June 19Fri, 20 Jun 2014 17:29:06 -0300Podcasts and Videohttp://youtube.com/v/LfdVqkgfqOchttp://img.youtube.com/vi/LfdVqkgfqOc/0.jpgRadio Show, 2014, June 18: tourist stay extension, H-1 recapture, immigration reformWed, 18 Jun 2014 13:52:05 -0300Podcasts and Videohttp://youtube.com/v/uxNFiUeVdH8http://img.youtube.com/vi/uxNFiUeVdH8/0.jpgRadio Show, 5 June 2015: H-4 Work Authorization, H-1 Lottery, H-1 Visa and Visas for ArtistsThu, 05 Jun 2014 14:09:46 -0300Podcasts and Videohttp://youtube.com/v/UBXDIQ-vN3khttp://img.youtube.com/vi/UBXDIQ-vN3k/0.jpgCommunity Conference Call (Every Other Thursday), 2014, May 29Fri, 30 May 2014 15:49:51 -0300Podcasts and Videohttp://youtube.com/v/0HLJ-mvPpEUhttp://img.youtube.com/vi/0HLJ-mvPpEU/0.jpgRadio Show, 2014, May 28, Extortion by threats, abandonment of citizenship, unlawful presence/statusWed, 28 May 2014 15:54:14 -0300Podcasts and Videohttp://youtube.com/v/SOOJBEjXoeUhttp://img.youtube.com/vi/SOOJBEjXoeU/0.jpgEmployers charging H-1B employees: Problem and SolutionsSun, 25 May 2014 19:45:41 -0300Podcasts and Videohttp://youtube.com/v/jLc3_qjbWMshttp://img.youtube.com/vi/jLc3_qjbWMs/0.jpgRadio Show, 2014 May 21, Discussing Status of Immigration Reform, H-4 Volunteering, B-Visa vs. Work VisaWed, 21 May 2014 15:38:11 -0300Podcasts and Videohttp://youtube.com/v/7jHDTKphR08http://img.youtube.com/vi/7jHDTKphR08/0.jpgCommunity Conference Call, 2014, May 15 (every other Thursday)Thu, 15 May 2014 19:14:50 -0300Podcasts and Videohttp://youtube.com/v/llRQ4DpjLoEhttp://img.youtube.com/vi/llRQ4DpjLoE/0.jpgVisas for business in USA, artists visa, new regs: H-4 work authorizations/EB-1 (Researchers/Profs)Tue, 13 May 2014 21:09:31 -0300Podcasts and Videohttp://youtube.com/v/7mY-ODeJ9QMhttp://img.youtube.com/vi/7mY-ODeJ9QM/0.jpgUpdating Community on Status of H-1 Lottery and ReceiptsMon, 12 May 2014 04:48:34 -0300Podcasts and Videohttp://youtube.com/v/sJRdMW_nzEQhttp://img.youtube.com/vi/sJRdMW_nzEQ/0.jpgRadio Show, 2014 May 7, Discussing Status of Immigration Reform, What is a &quot;Visa&quot;.Wed, 07 May 2014 21:03:00 -0300Podcasts and Videohttp://youtube.com/v/lRt4YLX4Tgwhttp://img.youtube.com/vi/lRt4YLX4Tgw/0.jpgRadio Show, 2014 May 4, Discussing Status of Immigration Reform, H-1 Reaffirming Stamping and Tourist VisaMon, 05 May 2014 00:06:59 -0300Podcasts and Videohttp://youtube.com/v/kT_9XK8laZQhttp://img.youtube.com/vi/kT_9XK8laZQ/0.jpgCommunity Conference (Every Other Thursday), 2014. May 1 (Sorry about the echo in qos.)Sat, 03 May 2014 01:19:21 -0300Podcasts and Videohttp://youtube.com/v/Sjr3NLOn700http://img.youtube.com/vi/Sjr3NLOn700/0.jpgRadio Show, 2014, April, 30 - Immigration reform, H-1 reaffirming/visa, tourist visaThu, 01 May 2014 11:25:28 -0300Podcasts and Videohttp://youtube.com/v/kT_9XK8laZQhttp://img.youtube.com/vi/kT_9XK8laZQ/0.jpgRadio Show, 2014 April 23, Discussing Entrepreneurs Visa Options In The USAThu, 24 Apr 2014 00:24:26 -0300Podcasts and Videohttp://youtube.com/v/iEf0HyFPzWIhttp://img.youtube.com/vi/iEf0HyFPzWI/0.jpgCommunity Conference Call (Every Other Thursday), 17 April 2014Fri, 18 Apr 2014 15:22:09 -0300Podcasts and Videohttp://youtube.com/v/NtsmV2T4VBEhttp://img.youtube.com/vi/NtsmV2T4VBE/0.jpgRadio Show, 16 April 2014 Discussing immigration reform, working on H-4 and tourist visaWed, 16 Apr 2014 19:20:47 -0300Podcasts and Videohttp://youtube.com/v/GM5DNbxzu2Mhttp://img.youtube.com/vi/GM5DNbxzu2M/0.jpgRadio Show, 2014 April 9, Disscussing: Work Authorization for H-4 Visa/consideration for Professors/ResearchersWed, 09 Apr 2014 15:43:13 -0300Podcasts and Videohttp://youtube.com/v/amMSCaEWMkUhttp://img.youtube.com/vi/amMSCaEWMkU/0.jpgCommunity Conference Call 2014, April 03 (Every Other Thursday)Tue, 08 Apr 2014 16:19:19 -0300Podcasts and Videohttp://youtube.com/v/nsDsz9ekv44http://img.youtube.com/vi/nsDsz9ekv44/0.jpgImmigrant Entrepreneurs Doing Business in the USAMon, 31 Mar 2014 16:05:38 -0300Podcasts and Videohttp://youtube.com/v/Nt9jmnZUMHMhttp://img.youtube.com/vi/Nt9jmnZUMHM/0.jpgRadio Show, 2014, March 26 Discussing: immigration reform, applying for parents and student visa/status differenceWed, 26 Mar 2014 16:19:12 -0300Podcasts and Videohttp://youtube.com/v/-1UvhvCJPoAhttp://img.youtube.com/vi/-1UvhvCJPoA/0.jpgCommunity Conference Call, 2014, March 20 (Every Other Thursday)Fri, 21 Mar 2014 12:41:17 -0300Podcasts and Videohttp://youtube.com/v/2HqZqygYAN0http://img.youtube.com/vi/2HqZqygYAN0/0.jpgRadio Show,19 March 2014 Discussing - H-1/H-4 travel to Canada, Applying parents&#039; green card, immigration reform and alert against scamsWed, 19 Mar 2014 15:45:50 -0300Podcasts and Videohttp://youtube.com/v/12-qdQb3q_Uhttp://img.youtube.com/vi/12-qdQb3q_U/0.jpgCommunity Conference Call, 2014, March 6 (Every Other Thursday)Fri, 07 Mar 2014 19:26:48 -0400Podcasts and Videohttp://youtube.com/v/Jrdu3OYMLa0http://img.youtube.com/vi/Jrdu3OYMLa0/0.jpgRadio Show, 5 March 2014 Imm. reform, Quota H-1 through multiple employers, F-1 employment, COS H-4Thu, 06 Mar 2014 16:06:34 -0400Podcasts and Videohttp://youtube.com/v/fQ-pabexyY8http://img.youtube.com/vi/fQ-pabexyY8/0.jpgRadio Show, 2014, February 26, Immigration Reform, Untraceable I-94, H-1, B Visa after H-1Wed, 26 Feb 2014 13:47:18 -0400Podcasts and Videohttp://youtube.com/v/xDtG7WKHXqUhttp://img.youtube.com/vi/xDtG7WKHXqU/0.jpgCommunity Conference Call, 2014, February 20 (Every Other Thursday)Thu, 20 Feb 2014 20:04:07 -0400Podcasts and Videohttp://youtube.com/v/dty8a8O9yuQhttp://img.youtube.com/vi/dty8a8O9yuQ/0.jpgRadio Show, 2014 February 12, Discussing Status of Immigration Reform, H-1, EB-2Wed, 12 Feb 2014 22:55:33 -0400Podcasts and Videohttp://youtube.com/v/yeSYXyJYdX0http://img.youtube.com/vi/yeSYXyJYdX0/0.jpgCommunity Conference Call (Every Other Thursday), 2014, February 6Mon, 10 Feb 2014 16:56:19 -0400Podcasts and Videohttp://youtube.com/v/qV-GvalqIJkhttp://img.youtube.com/vi/qV-GvalqIJk/0.jpgRadio Show, 2014, February 5Wed, 05 Feb 2014 19:51:24 -0400Podcasts and Videohttp://youtube.com/v/IsUMDEia6z4http://img.youtube.com/vi/IsUMDEia6z4/0.jpgRadio Show, 2014, January 29 - Immigration reform, I-131, Reentry, SSN, Green CardsWed, 05 Feb 2014 19:47:45 -0400Podcasts and Videohttp://youtube.com/v/IsUMDEia6z4http://img.youtube.com/vi/IsUMDEia6z4/0.jpgRajiv’s 2004 call-in show on C-SPAN about summer work visas is the most-watched C-SPAN video ever.Wed, 05 Feb 2014 15:57:39 -0400Podcasts and Videohttp://youtube.com/v/http://img.youtube.com/vi//0.jpgCommunity Conference Call, 2013, January 23 (Every other Thursday)Fri, 24 Jan 2014 14:09:58 -0400Podcasts and Videohttp://youtube.com/v/3RkI-pX2ejwhttp://img.youtube.com/vi/3RkI-pX2ejw/0.jpgRadio show discussing immigration reform, B-1 to H-1 change and H-1 issuesWed, 15 Jan 2014 14:00:19 -0400Podcasts and Videohttp://youtube.com/v/9vJfgR4qpsghttp://img.youtube.com/vi/9vJfgR4qpsg/0.jpgExplaining the news story: &quot;Obama is using executive power to affect immigration law&quot; Tue, 14 Jan 2014 18:51:19 -0400Podcasts and Videohttp://youtube.com/v/gh7wgQizUyshttp://img.youtube.com/vi/gh7wgQizUys/0.jpgCommunity Conference Call (Biweekly) 2014, January 09Sun, 12 Jan 2014 22:38:14 -0400Podcasts and Videohttp://youtube.com/v/nmiEu18Q7pIhttp://img.youtube.com/vi/nmiEu18Q7pI/0.jpgApplying for Green Card while on Visitors Visa/ESTA, FraudWed, 08 Jan 2014 13:56:49 -0400Podcasts and Videohttp://youtube.com/v/49ynB2xsUMkhttp://img.youtube.com/vi/49ynB2xsUMk/0.jpgFactors Affecting Immigration Reform as of 5 January 2014Sun, 05 Jan 2014 18:58:01 -0400Podcasts and Videohttp://youtube.com/v/gh7wgQizUyshttp://img.youtube.com/vi/gh7wgQizUys/0.jpgRadio Show Discussing Visa Interview Waiver Program in India 2014, January 4Sat, 04 Jan 2014 11:49:28 -0400Podcasts and Videohttp://youtube.com/v/I4BBSptkMoAhttp://img.youtube.com/vi/I4BBSptkMoA/0.jpgRadio Show Immigration.Com 18 December 2013 Discussing: Immigration ReformSun, 22 Dec 2013 20:48:29 -0400Podcasts and Videohttp://youtube.com/v/pC4HrN2xL00http://img.youtube.com/vi/pC4HrN2xL00/0.jpgCommunity Conference Call, 2013, December 19Sun, 22 Dec 2013 20:46:25 -0400Podcasts and Videohttp://youtube.com/v/uHoAj8FwOHYhttp://img.youtube.com/vi/uHoAj8FwOHY/0.jpgRadio Show, 2013, December 5, Discussing H-1, Immigration ReformFri, 06 Dec 2013 14:27:02 -0400Podcasts and Videohttp://youtube.com/v/hOggOlYxrLEhttp://img.youtube.com/vi/hOggOlYxrLE/0.jpgCommunity Conference Call, 2013, December 5Fri, 06 Dec 2013 14:20:59 -0400Podcasts and Videohttp://youtube.com/v/UENs63Ifvoghttp://img.youtube.com/vi/UENs63Ifvog/0.jpgRadio Show, 2013, November 27, Discussing immigration reform, dual citizenship and H-4 statusMon, 02 Dec 2013 03:22:21 -0400Podcasts and Videohttp://youtube.com/v/EuN-bA1Yb2shttp://img.youtube.com/vi/EuN-bA1Yb2s/0.jpgCommunity Conference Call, 2013, November 21Thu, 21 Nov 2013 19:35:35 -0400Podcasts and Videohttp://youtube.com/v/5IrgK00V6Zshttp://img.youtube.com/vi/5IrgK00V6Zs/0.jpgRadio Show, 2013 November 20, Discussing Immigration Reform, H-1, TNWed, 20 Nov 2013 13:53:48 -0400Podcasts and Videohttp://youtube.com/v/uBzCUqRvUoshttp://img.youtube.com/vi/uBzCUqRvUos/0.jpgRadio Show, 2013 November 13Wed, 13 Nov 2013 14:04:18 -0400Podcasts and Videohttp://youtube.com/v/9skDtVhhBjkhttp://img.youtube.com/vi/9skDtVhhBjk/0.jpgCommunity Conference Call, 2013, November 7Tue, 12 Nov 2013 13:07:44 -0400Podcasts and Videohttp://youtube.com/v/jkdmRMj_Exohttp://img.youtube.com/vi/jkdmRMj_Exo/0.jpgRadio Show, 2013, November 6Wed, 06 Nov 2013 14:44:38 -0400Podcasts and Videohttp://youtube.com/v/A8zA9bDrRDohttp://img.youtube.com/vi/A8zA9bDrRDo/0.jpgRadio Show, 2013, October 30Wed, 30 Oct 2013 13:05:40 -0300Podcasts and Videohttp://youtube.com/v/Q0U5zzaFeN8http://img.youtube.com/vi/Q0U5zzaFeN8/0.jpgCommunity Conference Call, 2013, October 24Thu, 24 Oct 2013 19:24:27 -0300Podcasts and Videohttp://youtube.com/v/7i4q6PazgFAhttp://img.youtube.com/vi/7i4q6PazgFA/0.jpgRadio Show, 2013, October 23Wed, 23 Oct 2013 16:02:03 -0300Podcasts and Videohttp://youtube.com/v/NJFG_CqO32chttp://img.youtube.com/vi/NJFG_CqO32c/0.jpgRadio Show, 2013, October 18Fri, 18 Oct 2013 15:38:46 -0300Podcasts and Videohttp://youtube.com/v/0UWZInzbPDshttp://img.youtube.com/vi/0UWZInzbPDs/0.jpgCommunity Conference Call, 2013, October 10Thu, 10 Oct 2013 17:12:22 -0300Podcasts and Videohttp://youtube.com/v/a4sGxSQpfPchttp://img.youtube.com/vi/a4sGxSQpfPc/0.jpgRadio Show, 2013, October 9Wed, 09 Oct 2013 16:00:18 -0300Podcasts and Videohttp://youtube.com/v/Mm6Xm1Lc7-Uhttp://img.youtube.com/vi/Mm6Xm1Lc7-U/0.jpgRadio Show 2013, October 5, Discussing Govt. closure, H-1, etcFri, 04 Oct 2013 16:35:46 -0300Podcasts and Videohttp://youtube.com/v/Mg6hf2x2THUhttp://img.youtube.com/vi/Mg6hf2x2THU/0.jpgRadio Show, 2013, September 27 Fri, 27 Sep 2013 11:12:39 -0300Podcasts and Videohttp://youtube.com/v/rCey1gvv5fQhttp://img.youtube.com/vi/rCey1gvv5fQ/0.jpgCommunity Conference Call 2013, September 26Thu, 26 Sep 2013 17:00:26 -0300Podcasts and Videohttp://youtube.com/v/YxL2JiHJ2x8http://img.youtube.com/vi/YxL2JiHJ2x8/0.jpgI-131 (Reentry Permit) and N-470 FAQThu, 26 Sep 2013 12:18:16 -0300Podcasts and Videohttp://youtube.com/v/sjtfPISTDQIhttp://img.youtube.com/vi/sjtfPISTDQI/0.jpgRadio Show, 2013, September19, Discussing H-1 and travel on green cardThu, 19 Sep 2013 13:00:19 -0300Podcasts and Videohttp://youtube.com/v/MPj8kdzYBm0http://img.youtube.com/vi/MPj8kdzYBm0/0.jpgCommunity Conference Call 2013, September 12Thu, 12 Sep 2013 16:57:48 -0300Podcasts and Videohttp://youtube.com/v/Q5NT7EvmtgIhttp://img.youtube.com/vi/Q5NT7EvmtgI/0.jpgRadio Show 2013, September 12, Immigration Reform, H-1 issuesThu, 12 Sep 2013 14:28:13 -0300Podcasts and Videohttp://youtube.com/v/83jDUXGxYQghttp://img.youtube.com/vi/83jDUXGxYQg/0.jpgRadio Show 2013, September 4Thu, 05 Sep 2013 01:40:17 -0300Podcasts and Videohttp://youtube.com/v/wzDUN34US38http://img.youtube.com/vi/wzDUN34US38/0.jpgCommunity Conference Call 2013, August 29Fri, 30 Aug 2013 05:10:14 -0300Podcasts and Videohttp://youtube.com/v/cv6qoBTcm1Ehttp://img.youtube.com/vi/cv6qoBTcm1E/0.jpgRadio Show, 2013, August 28 Wed, 28 Aug 2013 11:19:35 -0300Podcasts and Videohttp://youtube.com/v/7VcBgJ4vjs4http://img.youtube.com/vi/7VcBgJ4vjs4/0.jpgCommunity Conference Call 2013, August 22Fri, 23 Aug 2013 04:22:31 -0300Podcasts and Videohttp://youtube.com/v/5Ni3JExtns4http://img.youtube.com/vi/5Ni3JExtns4/0.jpgB-2 Extensions, also discussing options for gay couples<p>B Visa extensions</p><p>Q1. I lost my mother recently and we brought our father soon after that. I have an older brother and both of us stay here in USA. He has a medical condition - semi-paralytic. My father has a B-2 multiple entry visa; arrived here on 27th Jan 2013, I-94 expired on July 26th and visa extension applied on June 14th. &nbsp;How long can he stay here in US until the decision is made? &nbsp;Will his multiple Visa get rejected if his extension is denied?</p><p>Normally I don’t recommend applying for extensions of tourist or business visa unless you have a very good reason for it. What happens is technically of course you can stay here while the decision is pending, but no later than the duration you have asked for in the extension application. Let’s say you asked for extension till September. You can stay here till the decision is made, but no later than September. But what happens is when you go for multiple entry visa stamping consulates do not like people getting extensions. Their concern is that a tourist visa is supposed to be for brief visits. Why are you going there and staying for a year, year and a half on tourist visa?</p><p>Also what happens is if you have stayed here too long and then when you want to come back again at the airport (even if you have a visa or visa is not an issue) you can have a problem because CBP (U.S. Customs and Border Protection) may not take too kindly to people who return back very quickly. They don’t want to see a situation where a person is living in USA and visiting their home country.</p><p>Q2. What is recommended, he leaves immediately or waits until his extension decision comes?</p><p>If you don’t want to apply for his Green Card and he wants to leave to go to India I am not sure what is good but if he leaves early it might be easy to come back and also get further visas. This is a difficult decision to make.</p><p><span>Tourist visa extensions for gay couples</span></p><p>(partner is on J-1)</p><p>Tourist visa for gay couples or partner in a gay relationship is acceptable and it can be extended. If you look at the Foreign Affairs Manual, which is the body of policies that governs consulate decisions, you could say there is an exception. Sometimes people might not qualify for J-2 because they are not married. It might be easy to get a tourist visa and to keep extending it. However, there is one issue here. Since DOMA (Defense of Marriage Act) was overruled, gay marriages are now recognized. So I don’t know if they are going to change this policy of issuing B visas. &nbsp;Basically they would say that now you can get married and get J-2, so why are you not doing that. So to answer your question as to whether you can come and keep extending it, I don’t know the answer to that question under the present situation. Under the old situation you could have easily gotten extensions. So you can try, but keep in mind the earlier discussion on extensions (above). Consulates may not like it and CBP may not either.</p>Fri, 09 Aug 2013 13:32:09 -0300Podcasts and Videohttp://youtube.com/v/I3aKzPTtLKghttp://img.youtube.com/vi/I3aKzPTtLKg/0.jpgDiscrimination Lawsuit Filed Against Infosys by a U.S. Citizen - Koehler v. InfosysTue, 06 Aug 2013 19:04:59 -0300Podcasts and Videohttp://youtube.com/v/SW489ZipHW0http://img.youtube.com/vi/SW489ZipHW0/0.jpgCommunity Conference Call 2013, August 1Thu, 01 Aug 2013 16:40:17 -0300Podcasts and Videohttp://youtube.com/v/zdIFBCDIlcshttp://img.youtube.com/vi/zdIFBCDIlcs/0.jpgRadio Show, 2013, August 1, Immigration Reform, H-1, H-4, Green Card and NaturalizationThu, 01 Aug 2013 13:35:18 -0300Podcasts and Videohttp://youtube.com/v/AaBQduXxS9ohttp://img.youtube.com/vi/AaBQduXxS9o/0.jpgCommunity Conference Call 2013, July 18Thu, 18 Jul 2013 16:09:09 -0300Podcasts and Videohttp://youtube.com/v/LteKdATHyFUhttp://img.youtube.com/vi/LteKdATHyFU/0.jpgRadio Show July 18, 2013 Discussing Status of Immigration ReformThu, 18 Jul 2013 13:38:29 -0300Podcasts and Videohttp://youtube.com/v/-9wFSMl8PnQhttp://img.youtube.com/vi/-9wFSMl8PnQ/0.jpg10 July Meeting - Republicans Will Go Their Own Way with Smaller Bills | S. 744 NixedWed, 10 Jul 2013 21:34:18 -0300Podcasts and Videohttp://youtube.com/v/6zH7-e1M9Dohttp://img.youtube.com/vi/6zH7-e1M9Do/0.jpgRadio Show, 2013, July 10, Immigration Reform Status, H-1 Remainder Option, H-4<p>Status of Immigration Reform, S. 744</p><p>&nbsp;</p><p>Today is a very big day for immigration reform because today the House of Republicans are supposed to meet and decide which way they want to go. The Senate has done their job. Senate has sent out a passed bill. But as I pointed out last time, House Speaker John Boehner has said that he is not going to bring any bill for voting, until and unless a majority of Conservatives has agreed about the major outlines of the bill.</p><p>&nbsp;</p><p>In other words, if Boehner does not want to bring the bill to the floor of the House for voting, it wont come. Today they are going to meet, and the options they have I pointed out last time. They can come with their own comprehensive bill , which is unlikely. &nbsp;They can vote on the Senate Bill, which is unlikely. The most likely outcome of today’s meeting is that the House will start passing small bits of legislation one at a time. One of the conservatives noted that one hour of meeting is not enough because the issues are so complex. But I think that at least what they can do is come with a strategy that they want to follow. So today will be a very decisive day for all of us who are waiting to see what happens and as I pointed out last time there is a little disagreement about the fact that they want to reform legal immigration, which is very badly scattered all over the place. There are a lot of problems with legal immigration as you know. It takes about eight to ten years of waiting times even for people with Master’s degrees. There is no disagreement that it needs to be done. The disagreement is about amnesty. The Republicans are worried if there are 11 million people who are going to vote. &nbsp;First of all, most Republicans come from Conservative white districts where they are not going to gain any favor with their voters if they vote for amnesty. Second problem is that historically 75 percent, or maybe at least 66 percent, of the newly legalized Hispanics will probably vote for the Democrats so why should the Conservatives create more Democratic votes. This is the main thing that is swaying the Republican uncertainty.</p><p>&nbsp;</p><p>So we’ll see how it goes. Today is a very important day. We will keep you informed on this.</p><p>&nbsp;</p><p>Questions regarding H-1 remainder option and H-4 application</p><p>&nbsp;</p><p>Question: I possess a U.S. Master’s Degree in Computer Science and worked for seven years in the U.S. &nbsp;I was on H-1 for five years and have been outside the U.S. after those five years. That is 12 months of physical presence outside the U.S. I do have an employer now willing to petition on my behalf. &nbsp;Will I be subject to the cap of 65,000 or 20,000?</p><p>&nbsp;</p><p>Answer: There are two options. One option is to get all six years of your H-1 back and then be subject to the cap. I don’t know all the facts, but you can possibly exercise the remainder option. The remainder option works like this. A person in your situation can choose to just take back the one year left out of the six in the United States. You can get an H-1 for one year and that H-1 is not subject to the quota. So if you choose to take one year you are not going to be subject to the quota. &nbsp;One of the strategies you could follow is to start the Green Card as well as the H-1 and time it properly so that based upon the green card you can keep getting H-1 extensions beyond six years. In other words, take the reminder option, but have a sufficiently mature Green Card that they will have no interruption in your work.</p><p>&nbsp;</p><p>Question: My Company is processing my H-1B application. Is there any information regarding dependents that will be accompanying the H-1B applicant to the U.S. at the time of filing the petition?</p><p>&nbsp;</p><p>Answer: &nbsp;H-4’s are given on a walk in basis, based upon the approval of the H-1 if you are outside the USA. So If your family is outside U.S. the moment your H-1 gets approved, you can send the &nbsp;paper work to them and then they can go to the consulate for H-4 stamping. There is no processing necessary for H-4 at the USCIS level. On the other hand, if they are in the United States then all their details are needed to apply for H-4. So the answer depends on if they are inside or outside the U.S.</p>Wed, 10 Jul 2013 12:37:35 -0300Podcasts and Videohttp://youtube.com/v/vdVoKWMTTdohttp://img.youtube.com/vi/vdVoKWMTTdo/0.jpgRadio Show 2013, July 5Fri, 05 Jul 2013 09:53:53 -0300Podcasts and Videohttp://youtube.com/v/Q2wexIyoRQEhttp://img.youtube.com/vi/Q2wexIyoRQE/0.jpgCommunity Conference Call 2013, July 4Fri, 05 Jul 2013 09:49:18 -0300Podcasts and Videohttp://youtube.com/v/Mr9mXMifTs4http://img.youtube.com/vi/Mr9mXMifTs4/0.jpgImmigration Reform 2013 Status, The House<p>Immigration Reform 2013 Status</p><p>&nbsp;</p><p>I wanted to give you quick overview of where we are as of today in the immigration reform effort. As you know the comprehensive immigration bill labeled S.744 was passed by Senate, and the voting in the Senate reflected what kind of support there is generally amongst the two parties (Senate and House of Republicans (House)) for this reform effort.</p><p>&nbsp;</p><p>The composition of the Senate is currently 54 Democrats, one Independent and 45 Republicans. A total of 100 Senators. When the bill was voted upon, it was passed 68 to32. All Democrats voted for it, one Independent voted for it, but only 13 Republicans in the Senate voted for the bill. So less than one third (of Republicans voted for passage). &nbsp;This means that Democrats overwhelmingly support the reform, the immigration bill S. 744. But Republicans are not by any means, or in any way shape or form overwhelmingly or even in a majority in favor of the reform as it was proposed.</p><p>&nbsp;</p><p>So, now bill has been passed the Senate. 68 to 32. It’s a good margin, but the problem situation in the House is totally different. The politics of the situation is that the Latino, Hispanic vote is becoming in proportion much larger. It is exponentially expanding. The Republicans leaders rightly believe that they must curry favor or must be considered a friend to the Hispanic industry of immigration. A lot of Republicans also believe that they have no incentive to pass an amnesty bill. One thing I would say that as far as reform of the legal immigration is concerned I don't think we have too much controversy about that. Both parties agreed that certain things need to be done, like we need skilled immigration professional. Special provisions for PhDs, physicians, people who have Master’s degrees, people with STEM degrees. We need all that and some way to remove the backlog, which is horrendous for many countries. For instance, India has nine to ten years of backlog waiting for a Green Card. So there is consensus among both parties on legal immigration. It is the amnesty part, the enforcement and border protection, which are the key areas of disagreement.</p><p>&nbsp;</p><p>If you look on the Republicans composition, only 24 out of 234 House Republicans represent districts that have any appreciable numbers of Hispanic voters, more than 25 percent. So, only 24 out of 234. Where is the incentive for them to pass an immigration bill with amnesty? In fact, many of the Republicans come from districts that actually oppose amnesty. Republican Chairman of the House Judiciary Committee Bob Goodlatte (R-VA) was speaking in Lynchburg, Virginia yesterday and passions were really running high against the amnesty.</p><p>&nbsp;</p><p>So in the House even if Democrats all get together, the problem is how do we move the reform forward. House is controlled by Republicans, 234 to 201. House Speaker, John Boehner (R-OH) has said that he won't bring the Senate bill up for a vote if he does not have the support of a majority of the House Republicans (known as Hastert Rule). He says, I will not even allow this Senate bill to be voted on in the House unless a majority of House Republicans support the bill. And if we look at the cross-section of the voting that occurred in Senate, less than one third of Republicans support. It’s not good sign to get that kind of support.</p><p>&nbsp;</p><p>So, it appears at least at this stage that the Senate bill will have very tough time going through the House as today’s politics stand. &nbsp; &nbsp;</p><p>&nbsp;</p><p>What are the options?</p><p>&nbsp;</p><p>Four obvious options, the fourth option is very unlikely, which is House leadership brings up the the Senate bill up for vote.</p><p>&nbsp;</p><p>There are four options, but again it’s important to understand what happens if there are two separate bills addressing some of the same areas or all of the same areas, and there are controversies among those bills, then it goes into something called “conference”. When we get into conference, the idea is representatives from Senate and the representative from House will meet together and they will iron out their differences. A lot of times if you want to effect the Senate bill, all you have to do is pass something in the House and then it goes into the conference where you can work on one bill or the other, agree, negotiate and then take the negotiated version back to both chambers for voting Senate and House. So, option number one is House passes its own bill or bills. Actually, here we are talking about comprehensive, some kind of comprehensive set of bills, then it goes for conference. Option two, the House passes any bill, it does not have to be comprehensive bill, something that effects or contradicts the Senate version again we go into conference.</p><p>&nbsp;</p><p>Another interesting option and normally this would not be a really good option but here may be worth considering. I doubt it, but I am not a political pundit just a lawyer. House can actually vote on the Senate bill without the House Speaker’s support. If 218 house members vote for a discharge petition, which means we don’t care what the Speaker says, we are going to vote on this bill anyway. That means House Democrats need 17 votes from Republicans to get a discharge petition and vote on the Senate bill.</p><p>&nbsp;</p><p>So, what are the four options again:</p><p>&nbsp;</p><p>1. Comprehensive bill by House;</p><p>&nbsp;</p><p>2. Any bill by House;</p><p>&nbsp;</p><p>3. Discharge petition; and</p><p>&nbsp;</p><p>4. House leadership brings up the Senate bill to vote which is unlikely.</p><p>&nbsp;</p><p>Let us talk about a comprehensive bill. House had its own “Gang of Eight” people working on a comprehensive immigration bill. Their focus was a lot more on enforcement, on border security, etc. But then one of the Congressman, Raul Labrador (R-ID), quit. The now “Gang of Seven” still might produce a comprehensive House bill. If such a bill is produced, we will get into conference, negotiate and then finally vote on the negotiated bill. So number one is Comprehensive bill.</p><p>&nbsp;</p><p>Number two is any bill. As I mentioned Rep. Goodlatte from Virginia, the Chairman of the House Judiciary Committee, has produced a series of immigration related bills. House Democrats do not like it because it’s a piecemeal approach and there are all kinds of very extreme positions taken by Bob Goodlatte that House Democrats feel are inimical or enemies of immigration reform. But one of the ways, this series of bills, could be just a device to force matters into conference. If any of these bills pass in the Republican controlled House, then we will all get into conference anyway, where we can negotiate based upon the Senate version of the bill and make changes to it and then go back with the compromise. So the passage of a series of extreme bills could be a way to force matter into conference.</p><p>&nbsp;</p><p>Option three is a discharge petition. Discharge petition normally its considered to be very bad form. If a Republican votes for a discharge petition it’s disloyal, it’s considered to be bad form. But here, Speaker Boehner himself and many other leaders, who are perhaps more in tune with the needs of the time, have said that they want immigration reform. But it looks like there is very strong opposition from certain elements within the Republican Party, which is basically muting some of these more moderate or more aware. I would not call them moderate but more aware members of the Republican Party. So normally a Republican will not vote for a discharge petition, but here who knows. Maybe this is the choice.</p><p>&nbsp;</p><p>The key date to watch is 10th July. On 10th July there will be conference, the House Republican conference, and they meet in the basement of the Capitol to decide how they want to move forward. So that's when we will hear about the final strategy. Once again, right now we don’t know which way House is going to go, but on 10th July we should have better idea of the direction.</p>Wed, 03 Jul 2013 13:45:56 -0300Podcasts and Videohttp://youtube.com/v/xHbtdsoMNZ0http://img.youtube.com/vi/xHbtdsoMNZ0/0.jpgRadio Show, 2013 June 26Wed, 26 Jun 2013 14:58:59 -0300Podcasts and Videohttp://youtube.com/v/kRRJ2JNTRTYhttp://img.youtube.com/vi/kRRJ2JNTRTY/0.jpgCommunity Conference Call 2013, June 20Thu, 20 Jun 2013 18:14:53 -0300Podcasts and Videohttp://youtube.com/v/CgZcXanocy4http://img.youtube.com/vi/CgZcXanocy4/0.jpgRadio Show, 2013 June 19Wed, 19 Jun 2013 14:02:08 -0300Podcasts and Videohttp://youtube.com/v/dBCpzHjETMohttp://img.youtube.com/vi/dBCpzHjETMo/0.jpgRadio Show, 2013 June 12Wed, 12 Jun 2013 17:24:01 -0300Podcasts and Videohttp://youtube.com/v/E2H4IfXOk3whttp://img.youtube.com/vi/E2H4IfXOk3w/0.jpgRadio Show, 2013 June 6<p>Question 1:</p><p>How can I file for an H-1B petition if I have left less than six months before my passport expires?</p><p>Answer:</p><p>I am assuming they are India born. That should not be problem. You can still apply for H-1B if the passport has less than six months left. But as a practical matter, passport renewals are very quick in the U.S. So, I am not sure where the problem is. When you send it to the Indian Consulate, it is my understanding that it is not more than a week toten day process. In Washington D.C. I have not checked for a while, but it used to be like a 24 hour process. I am not sure what the problem is here. You could apply even without renewing, but it is best to just renew the passport.</p><p>&nbsp;</p><p>Question 2:</p><p>I am currently on H-1 B Visa. Is there a way I can change the visa to F-2 without going back to India? My fiancée is here on F-1 Visa that is valid up to Sep. 20, 2014?</p><p><span>Answer:</span></p><p>They can convert or change status within the United States if they have never been out of status. So, once they get married they can apply for an F-2 within the United States.</p><p><span>Question 3:</span></p><p>After getting married to a Green Card holder and applying for a spouse visa, is it possible to apply for an H-1 Visa?</p><p>Answer:</p><p>H-1s are not in any way hindered by an existing Green Card application. So, if you have a Green Card application that would not in any way impede or create problems with your H-1 application. Therefore, if you do apply for a Green Card it does not in any way stop you from applying for an H-1 after the Green Card application is filed.&nbsp;<span>&nbsp;</span></p><p>Question 4:</p><p>How will I know if my H-1B petition has been accepted in the quota?</p><p>Answer:</p><p>The quickest way to find out is if your employer’s fee checks have been cashed. If the receipt is getting delayed just have your employer follow through and see if the fee receipt has been cashed. In that case it is almost sure that you are made a part of the line.</p>Thu, 06 Jun 2013 17:08:21 -0300Podcasts and Videohttp://youtube.com/v/F68hfdY1Zh4http://img.youtube.com/vi/F68hfdY1Zh4/0.jpgCommunity Conference Call 2013, June 6Thu, 06 Jun 2013 17:07:12 -0300Podcasts and Videohttp://youtube.com/v/Y-xIdvVbmVwhttp://img.youtube.com/vi/Y-xIdvVbmVw/0.jpgCommunity Conference Call 2013, May 23Thu, 23 May 2013 19:10:57 -0300Podcasts and Videohttp://youtube.com/v/Puhy31L6ad4http://img.youtube.com/vi/Puhy31L6ad4/0.jpgRadio Show, 2013 May 22Wed, 22 May 2013 13:31:29 -0300Podcasts and Videohttp://youtube.com/v/5qxJOoOhOQYhttp://img.youtube.com/vi/5qxJOoOhOQY/0.jpgRajiv&#039;s Interview with Voice of America - US Green Card Lottery Under Threat<p>http://www.voanews.com/content/green-card-lottery-immigration-reform-us-visa/1662670.html</p><p>&nbsp;</p><p>WASHINGTON — The popular Green Card Lottery program could be eliminated if the U.S. Congress passes the current version of the bipartisan immigration reform plan. The lottery was set up as a way to give anyone a chance at the "American dream." But the new plan will focus instead on adding more highly-educated workers in science, technology, engineering and math.</p><p>&nbsp;</p><p>Two years ago Rafiq-ul-Islam won a U.S. permanent resident visa through the Green Card Lottery and came to the United States from Bangladesh -- with little more than the clothing he owned and a dream of a better life in America. &nbsp;</p><p>&nbsp;</p><p>“I apply for [and] came [to] America. I want to change my luck. If I can change my luck I can support my family, everything, all will be changed, everything like, that’s why I applied,” he said.</p><p>&nbsp;</p><p>The late Senator Edward Kennedy came up with the idea for a visa lottery system in the 1990s -- as a way to give opportunity to European and other countries with low immigration quotas. The lottery program -- officially known as the diversity visa -- is relatively small, granting about 50,000 visas compared to the more than one million new green cards issued each year.</p><p>&nbsp;</p><p>The lucky winners like ul-Islam must pass a background check, but need only a high school degree or work experience to qualify. &nbsp;Immigration attorney Rajiv Khanna says the diversity visa has come to symbolize core American values.</p><p>&nbsp;</p><p>“But United States is blessed and perhaps cursed with that unique vision we have, that we are as a nation, a citizen of the world community. &nbsp;And we have to accommodate certain things in good conscience and good faith rather than as a matter of self-interest,” Khanna said.</p><p>&nbsp;</p><p>But under the proposed immigration reform plan being considered by the U.S. Congress, the diversity visa faces elimination. &nbsp;Instead, the plan would expand opportunities for professionals like Bhushan Parekh who hold advanced degrees in science, technology, engineering and math. &nbsp;Parekh’s H-1B professional visa was sponsored by a major U.S. company.</p><p>&nbsp;</p><p>“Because I had done the engineering in India, the 4-year degree, and I’d also worked in India for a year after. &nbsp;During the interview process it was very apparent to them that I had the management skills they were looking for,” Parekh said.</p><p>&nbsp;</p><p>Some members of Congress oppose eliminating the diversity visa -- saying the U.S. should give some opportunity to the world's poor and disadvantaged. &nbsp;But, in these hard economic times, Khanna says fairness is no longer the priority.</p><p>&nbsp;</p><p>“So diversity by itself is no longer the virtue that we seek in our current immigration system as proposed. &nbsp;What we seek instead is, ‘What can you do for us?,’” Khanna said.</p><p>&nbsp;</p><p>Khanna says while U.S. businesses are lobbying for more professional visas, the poor from developing countries have no such powerful sponsors.</p>Fri, 17 May 2013 22:48:25 -0300Podcasts and Videohttp://youtube.com/v/-PpxPpMZc1Uhttp://img.youtube.com/vi/-PpxPpMZc1U/0.jpgRadio Show, 2013, May 20 - Discussing H-1, H-4, K-1, K-3Wed, 15 May 2013 19:30:09 -0300Podcasts and Videohttp://youtube.com/v/9rsbz0tSCS0http://img.youtube.com/vi/9rsbz0tSCS0/0.jpgCommunity Conference Call 2013, May 9Thu, 09 May 2013 17:28:49 -0300Podcasts and Videohttp://youtube.com/v/l4pQnDsMLhghttp://img.youtube.com/vi/l4pQnDsMLhg/0.jpgRadio Show Discussing EB-1, 1 May 2013<p>Question 1:</p><p>&nbsp;</p><p>The husband has a company. Wife and husband are both U.S. citizens, and they want to get her brother over to the United States on some kind of a work related visa. Assuming the husband’s company is small and the brother is professionally qualified can they get him through the husband’s company.</p><p>&nbsp;</p><p>Answer will depend on qualifications of the brother, and what sort of a company that her spouse has. For example: Is the company large or small? How many employees? How long has the company been in business? What kind of work do they do? Does the company have any branches outside of the U.S.?</p><p>&nbsp;</p><p>Answer: &nbsp;If the company's business and the brother’s qualifications are both professionally oriented we could seriously think about an H-1 Visa. If there is a branch outside the U.S., then we could get the brother employed outside the U.S. and think about an L-1 Visa in a year. Also under the new laws, as they are being considered, we should be able to have more options than what I have just discussed. So I am right now I am examining the matter only under the current scheme of laws, and H-1 and L-1 are two obvious options. Of course I am assuming that everybody here is an India born citizen of India because if you are citizen of another country you might have other options like E visa, etc. So bearing this in mind, there are some assumptions I am making and I am also clarifying that I am looking at the current schemes of the laws. Future schemes of the laws might be different and might be much more beneficial for us.</p><p>&nbsp;</p><p>&nbsp;</p><p>&nbsp;</p><p>Question 2:</p><p>&nbsp;</p><p>What is the chance of an L-1A Visa holder with nine years of experience qualifying for EB1 category. Can I apply for a Green Card for myself in the EB1 category?</p><p>&nbsp;</p><p>There are three kinds of EB-1's. Let’s start with the EB1 category that is the easiest to understand.</p><p>&nbsp;</p><p>1. Outstanding researchers or professors - given the designation of EB-1-2 or EB-1B.</p><p>&nbsp;</p><p>Under EB-1, the second category is outstanding researchers or professors. &nbsp;Basically we are looking for people who are highly qualified in their own field and there are certain criteria. Look at our website for more information.</p><p>&nbsp;</p><p>http://www.immigration.com/greencard/employment-based-green-cards/employment-based-eb-green-card-overview</p><p>&nbsp;</p><p>&nbsp;</p><p>&nbsp;</p><p>So one category is for outstanding researchers or professors, for which you need a research or professorial position.</p><p>&nbsp;</p><p>Then there is another category EB-1C or EB-1-3 category for international executives and/or managers. People who are on L-1A can pretty much qualify for EB-1C category. This is another great category.</p><p>&nbsp;</p><p>Then there is the first category, extraordinary ability aliens. This is not for everyone. Here we are looking for sustained national or international recognition. &nbsp;Somebody who is hailed as a leader in their business For example, &nbsp;Bill Gates would qualify, but Rajiv S. Khanna would almost certainly not qualify. So we are looking for people who are nationally and internationally recognized.</p><p>&nbsp;</p><p>So the question asked was can I do it on my own out of these three categories. The only one in which you can apply on your own is the first category EB-1A, which is extraordinary ability aliens. You are nationally or internationally recognized, and you have articles written about you and have international awards. Again there is a list of criteria and you have to meet three out of the ten listed criteria or similar. All this information is on our website as well.</p><p>&nbsp;</p><p>http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-ability-outstanding-researchersprofessors-international-</p><p>&nbsp;</p><p>&nbsp;</p><p>&nbsp;</p><p>In your situation the best option is to apply for EB-1C if you can get your employer to apply for you since you are already on L-1A getting a EBC green card is absolutely perfect choice and you got your Green Card within a year. EB1 is the fastest way of getting our Green Card.</p>Wed, 01 May 2013 14:13:10 -0300Podcasts and Videohttp://youtube.com/v/hPc-0R3gx3Ahttp://img.youtube.com/vi/hPc-0R3gx3A/0.jpgApplying for green card for parents/spouse. 2013, April 27Sat, 27 Apr 2013 21:33:55 -0300Podcasts and Videohttp://youtube.com/v/LwQ0C7i2bi4http://img.youtube.com/vi/LwQ0C7i2bi4/0.jpgH-1 and L-1 Under S. 744, A Talk With Employers, April 26, 2013Fri, 26 Apr 2013 18:50:01 -0300Podcasts and Videohttp://youtube.com/v/qQ7cULfytMghttp://img.youtube.com/vi/qQ7cULfytMg/0.jpgCommunity Conference Call 2013, April 25<p>Radio Show, April 25, 2013</p><p>http://www.immigration.com/media/april-25-radio-show-mera-sangeet</p><p>Question 1:</p><p><span>I am a US citizen and my mother who is in India has a ten year visitor visa that is expiring in April of next year. &nbsp;I would like to apply for a green card for her. What is the best way? Also she has PR Canada stamp on her passport that has expired. Will this be an issue? Can she travel?</span></p><p><span>Canadian immigration should not be an issue whether it is expired or current. Traveling within six months of the expiration of the tourist visa is no problem. A visa is merely the permission to show up at the airport. So even if you show up at the airport a day before the visa is expiring it is ok. At the airport the Customs and Border Protection (CBP) officers decide how long you can stay which is typically six months. So even if the visa expires the stay 1-94 should not expire. That is the important part. Entering is no problem. So first issue Canadian immigration is not an issue, visa expiring is also not an issue.</span></p><p>But the third point which is applying for green card is tricky. If somebody uses tourist visa to enter USA with the preconceived &nbsp;intention that I am going to convert to green card that can be considered &nbsp;to be fraud by the government. However if you enter USA and a few months later &nbsp;your intention changes and you want to apply for a green card that’s ok. There is a difference between preconceived intention and an intention that is formed after you enter USA.<span>&nbsp;</span></p><p>In case if she decides to renew the visitor visa the same procedure is applied like the first time although there might be some relaxation in interview requirements. Best thing to do is to check on their website.<span>&nbsp;</span></p><p>Question 2:<span>&nbsp;</span></p><p>How will I know if my H-1B petition has been accepted in the quota?</p><p><span>You will get a receipt.</span></p><p><span>&nbsp;</span><span>Question 3:</span></p><p>&nbsp;<span>As my husbands H-1 expires we are moving back to India around August/September. I am exploring options to quit my job and I am also on H-1. I am looking for a smooth economical transition. I also have a tourist that is valid and can I take advantage of this.</span><span>&nbsp;</span><span>&nbsp;</span></p><p>Tourist visa will probably not help you. You have to step outside USA and get back in and it is entirely possible that CBP may not let you back in a tourist visa when you have been here so long on a H-1. As far as the economics are concerned you have to check what the Form I-539.</p>Thu, 25 Apr 2013 17:55:21 -0300Podcasts and Videohttp://youtube.com/v/tYG_0CjMl8Ihttp://img.youtube.com/vi/tYG_0CjMl8I/0.jpgApril 25 Radio Show with Mera SangeetThu, 25 Apr 2013 11:23:55 -0300Podcasts and Videohttp://youtube.com/v/tbyQYlp6vmIhttp://img.youtube.com/vi/tbyQYlp6vmI/0.jpgH-1 and L-1 Under S. 744, Conference Call with Employers on 26 April 2013Tue, 23 Apr 2013 13:59:56 -0300Podcasts and Videohttp://youtube.com/v/GAH5ikfO-0ohttp://img.youtube.com/vi/GAH5ikfO-0o/0.jpgTakeaway on H-1 and L-1 Visas - Comprehensive Immigration Reform, S. 744Sun, 21 Apr 2013 23:04:27 -0300Podcasts and Videohttp://youtube.com/v/jOvuIhIrx6Ahttp://img.youtube.com/vi/jOvuIhIrx6A/0.jpgComprehensive Immigration Reform 2013 H-1/L-1/F-1 ProvisionsTue, 16 Apr 2013 19:42:12 -0300Podcasts and Videohttp://youtube.com/v/Tu-kDiB_U8ohttp://img.youtube.com/vi/Tu-kDiB_U8o/0.jpgComprehensive Immigration Reform -- Green Cards -- Mostly Employment, Some Family-Based CommentaryTue, 16 Apr 2013 19:41:11 -0300Podcasts and Videohttp://youtube.com/v/c9k6u7amnkchttp://img.youtube.com/vi/c9k6u7amnkc/0.jpgComprehensive Immigration Reform - Green Cards - Mostly Family-Based Commentary Tue, 16 Apr 2013 19:40:12 -0300Podcasts and Videohttp://youtube.com/v/b20PmDuLWX0http://img.youtube.com/vi/b20PmDuLWX0/0.jpgCommunity Conference Call 2013, April 11Thu, 11 Apr 2013 17:42:48 -0300Podcasts and Videohttp://youtube.com/v/3N4om4N3epohttp://img.youtube.com/vi/3N4om4N3epo/0.jpgCommunity Conference Call 2013, March 28Thu, 28 Mar 2013 17:33:02 -0300Podcasts and Videohttp://youtube.com/v/ACX-KIs7mFohttp://img.youtube.com/vi/ACX-KIs7mFo/0.jpgCommunity Conference Call 2013, March 14Thu, 14 Mar 2013 19:44:07 -0300Podcasts and Videohttp://youtube.com/v/dVmFIepRmbchttp://img.youtube.com/vi/dVmFIepRmbc/0.jpgCommunity Conference Call 2013, February 28Thu, 28 Feb 2013 19:12:28 -0400Podcasts and Videohttp://youtube.com/v/rvvkESAe9vchttp://img.youtube.com/vi/rvvkESAe9vc/0.jpgLeaving an Employer after Approval of Green Card<p>
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</p><p class="MsoNormal" align="center"><strong><span><span>Transcript: Leaving an Employer after Approval of Green Card</span></span></strong></p><p class="MsoNormal"><span>&nbsp;</span></p><p class="MsoNormal"><span>Hi everyone this is Rajiv S. Khanna for immigration.com the Law Offices of Rajiv S Khanna, P.C.</span></p><p class="MsoNormal"><span>&nbsp;</span></p><p class="MsoNormal"><span>I have been trying to get to this email now for a few days and it just keeps getting postponed. But this was from one of our community members who has a bunch of questions about what happens after<span>&nbsp; </span>you get your green card<span>&nbsp; </span>if you have done your AC21, not done your AC21 what to do, not to do to make the process of naturalization eventually smoother. </span></p><p class="MsoNormal"><strong><span>Question number 1.<span>&nbsp; </span>How long must one stay with their employer after getting a Green Card?</span></strong></p><p class="MsoNormal"><span>Now we do have a very detailed video on this. If you go to my blog (</span><a href="http://forums.immigration.com/forumdisplay.php?253-Rajiv-s-Blog"><span>http://forums.immigration.com/forumdisplay.php?253-Rajiv-s-Blog</span></a><span>) you will get a video that talks about how long must you stay. I am not going to repeat that information here.<span>&nbsp;&nbsp; </span>That information has already been covered.</span></p><p class="MsoNormal"><span>He also asks along <strong>with a response to this question please provide any exceptions that might exist</strong></span></p><p class="MsoNormal"><span>I will give a very small summary. Let’s take the situation where no AC21 is involved. All we have is an employee who is staying with the same employer who sponsored their green card and today they got their green card approval.<span>&nbsp; </span>When can they leave safely without negatively affecting their naturalization?<span>&nbsp; </span></span></p><p class="MsoNormal"><span>And the answer is it is difficult to say depends upon the circumstance. There is no six month magic rule that people often talk about. But the way it works is green card is given based upon the premise that the employee is taking the job on a permanent basis. Permanent does not mean forever. Permanent simply means indefinite basis. And what is important is at least in my view that the intention or the intent at the time of getting the green card approval must be indefinite. So if I have already started packing my bags before I got my approval and I move three days later there could be some question about it. <span>&nbsp;</span>Although<span>&nbsp; </span>in the age of AC21 this question, did you really <span>&nbsp;</span>have the intention of working here permanently, which in real<span>&nbsp; </span>words means indefinitely - it has become very diluted because of the AC21.<span>&nbsp; </span>At least that’s the way I would see it. I doubt very much government should make an issue out of it as long as you know the two jobs that you’re doing the one that you go from and the one you go to are substantially similar positions. </span></p><p class="MsoNormal"><span>I would make an AC21 type argument saying that I basically ported over to a new job which was similar, if it ever became an issue during naturalization. But if you wanted to avoid all issues then I would say stay as long as you can, at least a few months after you got your green card approval and only then leave.</span></p><p class="MsoNormal"><span>Let’s say in the AC21 context things become more complicated. This is the worse scenario. Lets say you moved job one to job two and before you could file anything with the government your green card <span>&nbsp;</span>got approved, so what has happened is, you were hoping to use you AC21 but before you could<span>&nbsp; </span>inform the government your green card got approved, so you never filed anything formally notifying the government <span>&nbsp;</span>that<span>&nbsp; </span>your changing<span>&nbsp; </span>jobs. </span></p><p class="MsoNormal"><span>Of course you are not required to under AC21 law. You are not required to file anything. But the fact that you did not file anything, makes it complicated because tomorrow when naturalization time arrives, the government could notice that you left the sponsoring employer ten days before the green card got approved or three days before the green card got approved. </span></p><p class="MsoNormal"><span>So technically, you never took the job for which the green card was meant. Now again here the argument would be I was going to use AC21, this is a problem in the procedures, it is not something I have done wrong. The AC21 process does not really require government notification by or before a certain time when I am changing jobs and in fact it does not require notification at all, so how can you hold me responsible for something for which I am not even required to inform the government. So what should you do - just make sure you have some documentation that shows that the job that you moved to was substantially similar to the job that your moving from. I would strongly recommend getting a lawyer involved. <span>&nbsp;</span>And keep that documentation for the next several years if it becomes an issue during naturalization you can provide the documentation and make the AC21 argument.</span></p><p class="MsoNormal"><span>So the situation where you were doing AC21 and the situation were you are doing basically a job after getting the green card approval <span>&nbsp;</span>are the same except were the green card gets approved while you are still <span>&nbsp;</span>in the process of thinking of filing an AC21 level. Otherwise if you change jobs - let’s say you went to job one to job two and you filed a notification with the government and then ten days later the green card got approved now you are in the same situation probably as the guy who stayed at the same job and did not move jobs.</span></p><p class="MsoNormal"><strong><span>Number 2 question is.... Is there any documentation that one must acquire from his employer at the time of exit?</span></strong></p><p class="MsoNormal"><span>One point I want to make, what if you want to work and the employer says I don’t have a job for you. I think in those circumstances it is a good idea to have some kind of termination letter or some kind of email or an acknowledgment in the letter that we understand from the employer, that says we understand the you are agreeable to continue to work for us on a indefinite basis however because of XYZ circumstances or business circumstances we can no longer offer you this job. I think that would protect you to a reasonable extent. </span></p><p class="MsoNormal"><span>There are cases that I have seen a few years ago I did some research on this issue. There were not a whole lot of cases but there were some cases where the government tried to take somebody’s<span>&nbsp;&nbsp; </span>green card<span>&nbsp;&nbsp; </span>and the court said: well if the employee is willing and the employer is not what can you do? We should let them keep their green card.</span></p><p class="MsoNormal"><span>Documentation in cases where the employer is going to lay you off should be kept in the form of a termination letter and if possible some kind of acknowledgement that the employee is willing <strong><span>and able </span></strong>or even some kind of an email that you can send to the employer saying that I am willing to continue with this job on a indefinite basis, I was hoping it will be a permanent job but I understand that you don’t <span>&nbsp;</span>have it any longer - something like that -<span>&nbsp; </span>it shows that you have documented - I think we are paranoid, but I think it is better to be paranoid. </span></p><p class="MsoNormal"><strong><span>Number 3 question is: <span>&nbsp;</span>How is the naturalization process impacted by exiting the wrong way? How does anyone find out about how you exited if let's say you apply for naturalization after 10 yrs?</span></strong></p><p class="MsoNormal"><span>They can not only refuse the naturalization they can even try to take away your green card. So one of the things you can do is, remember when you file for naturalization within 5 years of getting your I-485 approval, it is easy to reverse I-485 approval in the first five years, so one of the things you can do is file for naturalization after five years have passed. The law allows you to file 90 days before the five years are over I would say do the naturalization application ten days after the 5 years from the green card approval are over.</span></p><p class="MsoNormal"><span>That is another thing you can do. That way if they want to come after your green card they (USCIS) have to go through a longer process rather than just revoking your I-485 approval. One concrete suggestion is apply for a naturalization a few days after the five years from the approval of your green card are over.</span></p><p class="MsoNormal"><strong><span>How does anyone find out about how you exited if let's say you apply for naturalization after 10 yrs?</span></strong></p><p class="MsoNormal"><span>If you apply after ten years they probably cannot find out. I think the form N- 400 only asks for your employment history for the last five years.</span></p><p class="MsoNormal"><strong><span>Question 4 :<span>&nbsp; </span>Can the IO (I guess what you mean is the adjudication officer)involved in the naturalization process reach out to previous employer for any reason? If so how does one prepare for that contingency since the employee (and maybe his boss) might not be with the same employer at the time.</span></strong></p><p class="MsoNormal"><span>Normally no I have never seen it that happen in over two - three decades of my practice. And of course you point out that by that time maybe the boss and everything is all changed and the answer is yes.<span>&nbsp; </span>That is a practical difficulty. In fact I was reviewing a case from Seattle, Washington State Federal Courts, where the judge had pointed out that when the government creates a situation where it is impossible for an employee to go back and fulfill the requirements of the evidence the government is asking for e.g.: where there was an I-140 revocation and the employee had already left the employer and now they are trying to go back and revoke the I- 140. He cannot get the documentation that they want. They are trying to revoke the I- 140 several years after it was approved. It’s impossible for the employee to get the information that they are looking for. I think something like that would work for us.</span></p><p class="MsoNormal"><span>I am not that concerned about the adjudication officer reaching out to the old employer it would be just impossible for any employer to keep the records that long anyway, if it is several years down the line.</span></p><p class="MsoNormal"><span>&nbsp;</span></p><p class="MsoNormal"><span>&nbsp;</span></p><p class="MsoNormal"><span>&nbsp;</span></p><p class="MsoNormal"><strong><span>Number 5: Can any of the employers that one has worked for before getting the GC approval negatively impact one's naturalization process? Any safeguards that you could recommend</span></strong></p><p class="MsoNormal"><span>No ... I cannot think of anything, except if there is an active fraud that you have committed and that fraud is against the US government in any way for e.g.:<span>&nbsp; </span>giving a false degree certification etc then you can have a problem but otherwise there is no issue and during naturalization they don’t go to the old employers.</span></p><p class="MsoNormal"><strong><span>&nbsp;</span></strong></p><p class="MsoNormal"><strong><span>Number 6: If a previous employer gets into legal issues because of their business practices can that negatively impact one's naturalization process?</span></strong></p><p class="MsoNormal"><span>Again that depends, if there was fraud in your green card approval that can definitely become an issue. If it becomes part of the record government could actually unravel the I-140 and try to unravel the green card and then of course that affects your naturalization as well.<span>&nbsp; </span></span></p><p class="MsoNormal"><span>&nbsp;</span></p><p class="MsoNormal"><strong><span>Number 7:<span>&nbsp; </span>What documentation does one need to hold on to for naturalization purposes like paystubs, offer letters etc?</span></strong></p><p class="MsoNormal"><span>I just described that documentation. Paystubs is always a good idea as we are dealing with some of the cases where USCIS is trying to revoke I-140s for fraud and we are able to prove that there is no fraud because the people that they are coming after were actually working. Here are the paystubs, here are the bank deposits slips that show that this money was not only received from the employer, but also deposited. </span></p><p class="MsoNormal"><span>&nbsp;</span></p><p class="MsoNormal"><strong><span>Number 8: Can negative information or any information posted on the Internet (social media for example) be used against someone in the naturalization process?</span></strong></p><p class="MsoNormal"><span>Not unless it was the kind of information which would bar you from getting naturalization such as - it is a crude e.g.:- but let’s say you are trying to solicit a minor for immoral purposes. That could become a problem. Because remember good moral character is part of naturalization- moral character is implicated, at least in my mind when there is something negative being done against US government or the laws of this country. It can become relevant, the information on the social media, but not just because you are an obnoxious person or you are in a bad mood and you have written something bad. It has to be something more than that. I get this question all the time what if I am in </span><span class="st1"><span>bankruptcy</span></span><span> does that affect naturalization.<span>&nbsp; </span>No it does not. Only time you could have a problem is if you skipped on your taxes but even there - a proper </span><span class="st1"><span>bankruptcy</span></span><span> discharges some kind of claims and if those claims are discharged they cannot be held against you.</span></p><p class="MsoNormal"><strong><span>&nbsp;</span></strong></p><p class="MsoNormal"><strong><span>Number 9: Can a disgruntled employer or colleague negatively impact </span></strong></p><p class="MsoNormal"><span>Again unless you have committed a fraud I don’t see why.</span></p><p class="MsoNormal"><strong><span>Number 10: General wisdom on what NOT to do after getting one's GC and before citizenship?</span></strong></p><p class="MsoNormal"><span>Make you file the AR-11. Try not to get arrested. Lead a good life. Other than that I have nothing else to recommend. Most of our clients get a list of things they should be doing. Filing AR-11 is important. Within 10 days of moving address from one place to another you should file AR-11. You can do it online.</span></p><p class="MsoNormal"><span>&nbsp;</span></p><p class="MsoNormal"><span>&nbsp;</span></p><p class="MsoNormal"><span>I hope this helps. Good luck people!!!</span></p><p class="MsoNormal"><span>&nbsp;</span></p><p class="MsoNormal"><span>&nbsp;</span></p><p class="MsoNormal"><span>&nbsp;</span></p>Mon, 18 Feb 2013 16:59:04 -0400Podcasts and Videohttp://youtube.com/v/j1JfsXA5OrQhttp://img.youtube.com/vi/j1JfsXA5OrQ/0.jpgCommunity Conference Call 2013, February 14Fri, 15 Feb 2013 13:46:11 -0400Podcasts and Videohttp://youtube.com/v/9wz3AxAU724http://img.youtube.com/vi/9wz3AxAU724/0.jpgWhy Should Immigration Law Interest or Alarm You?<p><strong>A Continuing Legal Education seminar delivered by Rajiv S. Khanna. This information is relevant for lawyers and business/HR management professionals. This seminar was presented for American Law Institute/American Bar Association and Lawline.</strong></p>Fri, 01 Feb 2013 15:58:21 -0400Podcasts and Videohttp://youtube.com/v/uYLN9LGMu2khttp://img.youtube.com/vi/uYLN9LGMu2k/0.jpgCommunity Conference Call 2013, January 31Thu, 31 Jan 2013 17:45:05 -0400Podcasts and Videohttp://youtube.com/v/IpsnVZOapYMhttp://img.youtube.com/vi/IpsnVZOapYM/0.jpgCommunity Conference Call 2013, January 17Thu, 17 Jan 2013 16:37:24 -0400Podcasts and Videohttp://youtube.com/v/Z9h9EJDI9tAhttp://img.youtube.com/vi/Z9h9EJDI9tA/0.jpgCommunity Conference Call 2013, January 4Fri, 04 Jan 2013 15:05:50 -0400Podcasts and Videohttp://youtube.com/v/8GknZnR7ZcMhttp://img.youtube.com/vi/8GknZnR7ZcM/0.jpgEmployment Authorization (EAD) for H-4 Holders Proposed<p>Transcript: Employment Authorization (EAD) for H-4 Holders Proposed</p><p>&nbsp;</p><p>I was asked to comment about the proposed rule that would allow certain H-4 holders to get employment authorization. What I have opened on the screen is the current status as of December 16, 2012. This rule is currently being reviewed by the Office of Management and Budget’s sub-office OIRA, which is the Office of Information and Regulatory Affairs. The idea is that under Executive Order 12866--I am not giving you too many details just trying to keep it to the minimal--regulations before they move forward beyond a certain point, they need to be reviewed by the White House. It is not something that President Obama does himself, of course--you all know that--it is people who are experts in federal regulation within the White House under the office of OMB—OIRA. They are the people who are charged with the responsibility of making sure the regulations are sound in terms of policy, in terms of time, cost, compliance, etc.</p><p>&nbsp;</p><p>I want to point out a few things. If you look at this, it says current action is NPRM (Notice of Proposal Rule Making). That means once this is okayed by the OMB, a Notice of Proposed Rule Making will be put out in the Federal Register. If you look at this right here, it doesn’t have a FR (Federal Register) citation right now, because it has not yet been published. So once it is approved and NPRM (Notice of Proposed Rule Making) would be published in the Federal Register, which basically means the government will formally notify everybody that we intend to make a rule and if you have any comments about that, let us have them. There is a lot of variation in regulations and how they are made. Let me get to that in a second.</p><p>&nbsp;</p><p>But I want to point out this abstract to you. What does it say? It says we are going to allow those H-4 holders to get work authorizations whose husbands have crossed over six years of their H-1 and now they are in extended H-1 beyond six years, either three-year period or one-year period. These two periods are referred to as Section 104C and 106A. These two periods depend upon when the labor certification was filed. If the labor certification was filed a year ago, anyone who is on H-1 six-year term can get their H-1 extended on a year-to-year basis. So that year-to-year extension is tied in with your labor certification date. So, first anniversary of the labor certification allows one-year extension.</p><p>&nbsp;</p><p>The second method of getting H-1 extension, which is the three-year method, is if your I-140 is approved regardless of when your labor certification was filed. So, if you are in any of these two categories and exceeded your H-1 and you’ve now extended your H-1 beyond six years, your spouse would be then entitled to get work authorization. I think it is very fair and, as the abstract notes, this is to encourage professionals with high-demand skills to remain in the country. Think about it. Somebody who is on H-1 has been here for six years--they have done everything by the book, they have done it legally--there is no reason for them to have to wait any longer for their spouses to work. It is just highly unfair, and we have been pointing this out--not only us but the entire set of stakeholders, the community, lawyers, agencies that are involved, non-profits that are involved in the process. It’s been pointed out to the government that people who have been waiting for their legal immigration for years--I mean typically what is the life-span—let’s just take for example, India or China. You enter USA typically on a student visa. You do your Master’s for a couple of years or your Ph.D. and your Ph.D. sometimes for five or six years. Then you get into H-1 six years after that. You will get this benefit. So that’s like 15 years for many of you, but definitely no less than six years.</p><p>&nbsp;</p><p>If, on the other hand, government were to legalize folks who are here illegally. I am not saying they should not be legalized; I am saying that we’ve got to have some equity here and this is one step--very, very small step--towards equity. I personally feel like in L-2, H-1 visa holders, their spouses should be allowed to start working on the day they enter USA. Why is this distinction made between L-2 holders and H-4 holders? L-2 holders are allowed to work day one when they enter USA. There is no philosophical or policy difference between L-2 and H-4. In any case, we will take what we can get for the time being. At least this is a step in the right direction.</p><p>&nbsp;</p><p>Now what happens after this process? Well, you know, some of my colleagues are predicting it could be as little less, as you know, three months or six months. I don’t think it is that simple, because remember typically what happens is first a notice of the rulemaking is provided or the rule itself can be provided as a proposed rule and then public is invited to comment for 30 to 60 days. Then the government goes back and analyzes those comments. This whole process can take a while. Then they can issue another revised version asking for more comments. Sometimes the comment period can be extended to 180 days. Then, on top of that, and during the Congressional review time, which is while the regulations are still not implemented, they are finalized. Congress can come back and overrule the regulations. It’s difficult for them to do that at this point of time, but you know all these things are still uncertain so by no means can we say that this is certain to be implemented and when it is certain to be implemented. But it appears that for the first time in the last four or five years, some formal acknowledgment has been made by the Obama Administration and some acknowledgment has been made that there is a set of legal professional workers in the United States who have been much ignored.</p><p>&nbsp;</p><p>Feel free to send us emails through the Contact Us form on our website. Send us an email if something is unclear. I will be happy to address as much of it as I can.</p><p>&nbsp;</p><p>I also wanted to add one thing as an afterthought. You do know that, of course, once you file your I-485 Adjustment of Status, your spouse on H-4 is entitled to their EAD. This is an addition to that right. So even if you are--obviously I think it is quite clear, but just in case it isn’t--even if you are not in the I-485 step of the process, you can still get employment authorization for your H-4 spouse if this rule were to be implemented. I just thought I will add that. Thanks.</p><p>&nbsp;</p><p>I have received a couple of questions from a client and a member of the community.</p><p>&nbsp;</p><p>First--What is the exact process?</p><p>&nbsp;</p><p>Well, the process is quite variable. From here on, a lot of things can be done differently. In fact, the government can publish a rule without giving a notice and comment period, if they want, because if the rule is urgent enough or they want it to be implemented--or it is not necessary or useful to have notice and comment--it can be implemented without notice and comment. It is unlikely. So the process is actually quite amorphous. It can have many variations. It is very difficult to pinpoint exactly what is going to happen. But a lifetime once it moves out of the OMB is typically about 180 days or six months or so. Another great variable is how long does the agency think the notice and comment period should be kept open. Like I said, sometimes, it can be as much as 180 days.</p><p>&nbsp;</p><p>An interesting question was asked--Does this have to go to the Senate or House for approval?</p><p>&nbsp;</p><p>The answer is no. This is not a law--this is a regulation. Regulations are dealt with entirely on the side of the administration by the government. It does not go to the legislature. The only way the legislature can overrule it is if both the sides—the Senate as well as House of Representatives--passes a resolution overruling the regulation, and the President signs it. If the President doesn’t sign it, then I guess what they have to do is override his veto, which is very, very difficult--if I remember correctly with a two-third majority of the two houses--so that is very unlikely to happen. I guess that should also clarify things for you folks a little bit more. Keep the questions coming. I will answer them as quickly as I can.</p>Mon, 17 Dec 2012 13:00:21 -0400Podcasts and Videohttp://youtube.com/v/bqUHsBj83g4http://img.youtube.com/vi/bqUHsBj83g4/0.jpgCommunity Conference Call 2012, December 6Fri, 07 Dec 2012 13:29:14 -0400Podcasts and Videohttp://youtube.com/v/tEOv47s95eYhttp://img.youtube.com/vi/tEOv47s95eY/0.jpgCommunity Conference Call 2012, November 22Thu, 22 Nov 2012 23:27:55 -0400Podcasts and Videohttp://youtube.com/v/ot-9kp5AdDUhttp://img.youtube.com/vi/ot-9kp5AdDU/0.jpgCommunity Conference Call 2012, November 8Fri, 09 Nov 2012 13:23:16 -0400Podcasts and Videohttp://youtube.com/v/vmsB0Vi6tsohttp://img.youtube.com/vi/vmsB0Vi6tso/0.jpgCommunity Conference Call 2012, October 25Thu, 25 Oct 2012 20:13:16 -0300Podcasts and Videohttp://youtube.com/v/FJdnnlWVPtshttp://img.youtube.com/vi/FJdnnlWVPts/0.jpgCommunity Conference Call 2012, October 11Mon, 15 Oct 2012 22:53:40 -0300Podcasts and Videohttp://youtube.com/v/Xe2j4b9nM0shttp://img.youtube.com/vi/Xe2j4b9nM0s/0.jpg Community Conference Call 2012, September 27Fri, 28 Sep 2012 09:25:58 -0300Podcasts and Videohttp://youtube.com/v/fm1yUxtfdaYhttp://img.youtube.com/vi/fm1yUxtfdaY/0.jpgCommunity Conference Call 2012 September 13 Thu, 13 Sep 2012 17:05:39 -0300Podcasts and Videohttp://youtube.com/v/IkZqBe8JtsAhttp://img.youtube.com/vi/IkZqBe8JtsA/0.jpgEB3 to EB2 conversion<p><strong>EB3 to EB2 conversion<br></strong></p><p><strong>EB3 to EB2 porting<br></strong></p><p><strong>EB3 to EB2<br></strong></p><p>&nbsp;Good afternoon, everyone. &nbsp;This is US Immigration Attorney, Rajiv S. Khanna for immigration.com, the Law Offices of Rajiv S. Khanna, P.C.</p><p>&nbsp;This is a community information call. &nbsp;It is not intended to create an attorney/client relationship. &nbsp;Whatever we say here remains merely an informational conversation.</p><p>&nbsp;This is a follow-up to the August 30 Community Conference Call.</p><p>&nbsp;We are talking about issues related to converting from EB3 to EB2.</p><p>&nbsp;<strong>What is this idea of EB-3 to EB-2 conversion?</strong></p><p><strong>&nbsp;</strong>Most of you know that EB-3 for countries like India and China are very backed up and EB-2’s are better. &nbsp;Actually, for the rest of the world also, EB-2 is much better. &nbsp;So sometimes even though you have obtained a Labor Certification (PERM certification) and then you obtained an I-140 approval or you are on the path to that, you feel, “Oh, maybe I should have filed an EB-2, or maybe circumstances have changed and now I can file under EB-2.” &nbsp;So, in those cases, when we get the priority date from an EB-3 case and put it on top of an EB-2 case, thereby essentially converting an EB-3 case to an EB-2 case, we refer to that loosely as a conversion. &nbsp;Really, it is not a conversion. &nbsp;It is a new case filed under EB-2, and essentially the priority date is being transferred.</p><p>&nbsp;</p><p><strong>One relevant question here. &nbsp;Can priority dates be transferred if an employer revokes my old I-140?&nbsp;</strong></p><p>&nbsp;The answer is “Yes.” &nbsp;USCIS has said that they will allow transfers (carryovers) of priority dates even if the old I-140 is revoked, as long as the revocation is not for fraud.</p><p>&nbsp;</p><p><strong>So, when you do this analysis of EB-3 to EB-2 conversion, the first question you want to ask yourself is “Am I currently qualified for EB-2?” &nbsp;</strong></p><p>Why is this question important? &nbsp;Remember a Green Card is for a job in the future, which means today I am working as a programmer; tomorrow’s job could be a project manager, and even though I continue to work as a programmer for the next three years or until I get my Green Card, it is not a problem. &nbsp;The future job of project manager can be given to me once the Green Card is approved. &nbsp;Or before. &nbsp;That is up to the employer, but it is not required. &nbsp;So the idea is a Green Card is for a future job. &nbsp;However, you must be qualified for it on the date you filed the PERM application.&nbsp;</p><p><strong>So let’s say you have three years of experience after Bachelor’s Degree, and you know that the Green Card will take three or four more years, can you file under EB-2 today? &nbsp;</strong></p><p>No, because you are not qualified. &nbsp;You may be qualified in two years or three years, but that does not mean you can file an EB-2 right now.</p><p><strong><br></strong></p><p><strong>So are you currently qualified for EB-2?</strong></p><p>One of the recommendations I have is for people who are not qualified and don’t have the five-year experience or have a three-year Bachelor’s Degree, you may consider doing a Master’s Degree online. &nbsp;I have a video on this. &nbsp;It’s on my blog. &nbsp;It tells you how to choose an appropriate on-line Master’s Degree program that is accredited and that will help you get into EB-2.</p><p>&nbsp;</p><p>Here is a link to the video and a transcript:</p><p>Accreditation of distance education for EB-2</p><p><strong>The next question you want to ask yourself is Do I want to process my EB-2 case with the same employer who petitioned the EB-3 or some other employer?</strong></p><p>It is a little bit easier to do it with another employer, but given the choice between going with a totally new employer and going with an employer who is totally, solidly behind me, who is going to pay the attorney’s fees. &nbsp;This is a considerable expense. &nbsp;If they’re on my side and they want to cooperate fully with the law, then of course I would stay with the same employer.</p><p>&nbsp;</p><p><strong>The next question you have to ask yourself is Do you need a promotion--present or future?</strong></p><p>What does that mean? &nbsp;What if you have three years of experience before you joined this employer, you want to process your Green Card through this employer, and you’ve got two years with this employer now? &nbsp;Now you’ve got five years but two years are with the same employer through whom you are going to file your EB-2 who also did your EB-3 earlier. &nbsp;In order to use that experience, you must be offered a job which is more than fifty percent different than what you were doing before. &nbsp;Let’s say the old job was all coding and the new job is mostly providing project management, so that’s a promotion and then the experience that you have gained with this employer can be applied towards your EB-2.</p><p>I hope I’m making myself clear. &nbsp;Most of you already know the concepts, but still I want to put it out there so that you are sensitized to the issues. &nbsp;You can ask your lawyers the right kind of questions and make sure your case is being properly approached. &nbsp;These concepts are difficult. &nbsp;They can be complicated. &nbsp;Even we can make mistakes. &nbsp;Lawyers are not perfect, as all of you know. &nbsp;Be educated and take your lawyers’ help in making these decisions.</p><p>&nbsp;</p><p>It is very important to have a bona fide job. &nbsp;</p><p>What does that mean? &nbsp;If you have a three-employee company and the employer says, “I will you a promotion.” &nbsp;That’s a little difficult to establish and believe. &nbsp;It can be true but, if you are a 300-employee company or a 3,000-employee company, probably a better case for a promotion, but of course it all depends upon the facts of the case. &nbsp;I’m just giving you an example. &nbsp;This does not mean smaller companies cannot process promotion cases.</p><p><strong>How do I eliminate the risk of problems of EB-3?</strong></p><p>What does that mean? &nbsp;I already have my EB-3 approval. &nbsp;I don’t want to do anything that’s going to mess that up.</p><p>What you can do is, you can make sure, taking the example of the programmer under EB-3 who wants to go for project manager under EB-2. &nbsp;If your EB-3 was for a programmer, make sure you continue working as a programmer until the I-140 for the new case is approved. &nbsp;So don’t change jobs, because, if you take a promotion to project manager, then the Government could question, "This guy has already taken a promotion, then why would he come back to the lower job which is the Green Card job?” Do not take a promotion until the I-140 for the new case is approved. &nbsp;That would be important.</p><p><strong>What if I used AC-21?</strong></p><p>This is a very tricky situation. You are one of the lucky ones who’s got your I- 485 pending and I-140 is approved under EB-3. &nbsp;You changed from IBM to Sun Microsystems. &nbsp;You changed employers. &nbsp;Your job was programmer. &nbsp;Now, for AC-21, the job that Sun gives you has to be the same or similar to the job IBM gave you. &nbsp;So it’s got to be a programmer or thereabouts. &nbsp;Now the problem here is this. &nbsp;In order for Sun Microsystems to process your case under EB-2, they have to assess whether they have to promote you so that an EB-2-level job can be given to you or can they use the same job. &nbsp;This can be tricky.</p><p>So for AC-21, the key question is can the same job which was the subject of AC-21 be used to file an EB-2 case? &nbsp;</p><p>Tricky question. &nbsp;Depends upon the facts of the case.</p><p>Now, to the posted set of Questions from the Community Conference call of August 30th.</p><p>First Set of Questions</p><p>&nbsp;</p><p><strong>Question: &nbsp;I have an I-485 pending on EB-3. &nbsp;I have been with my company for 12 years. &nbsp;They are planning to apply for EB-2. &nbsp;Same company. &nbsp;I have a Bachelor’s four-year engineering degree from India. &nbsp;Can I qualify for EB-2?</strong></p><p>&nbsp;Answer: &nbsp;Yes if the job that is being offered to you is sufficiently dissimilar from the EB-3 job.</p><p>&nbsp;</p><p><strong>Question: &nbsp;Is there any audit risk?</strong></p><p>&nbsp;Answer: &nbsp;No. &nbsp;Filing for a conversion (again, I am using the term “conversion” loosely) does not create any additional audit risks.</p><p>&nbsp;</p><p><strong>Question: &nbsp;If we apply in EB-2, will my EB-3 application processing stop?</strong></p><p>&nbsp;Answer: &nbsp;No, it does not stop.</p><p>&nbsp;</p><p><strong>Question: &nbsp;What happens to the EB-3?</strong></p><p>&nbsp;Answer: &nbsp;It goes on. &nbsp;Don’t take up a promotion. &nbsp;I just mentioned that.</p><p>&nbsp;</p><p><strong>Question: &nbsp;My wife is working on EAD. &nbsp;Will her EAD be affected?</strong></p><p>Answer: &nbsp;No, not at all. &nbsp;No problem at all.</p><p>&nbsp;</p><p><strong>Question: &nbsp;If I get EB-2 I- 140 approved, can I use EB-3 priority date?</strong></p><p>Answer: &nbsp;Yes.</p><p>&nbsp;</p><p><strong>Question: &nbsp;At that time, will I get another EAD from EB-2 processing?</strong></p><p>Answer: &nbsp;No. &nbsp;What you do is, you take the EB-2 I-140 approval and put it on top of the existing I-485. &nbsp;So your old I-140 gets knocked out and the new one now sits on top of your I-485. &nbsp;So I-485 does not need to be re-filed.</p><p><br><strong>Second set of questions</strong></p><p>&nbsp;</p><p><strong>Question: &nbsp;He is preparing for his I-140 for EB-2. &nbsp;Can this be done premium processing?</strong></p><p>Answer: &nbsp;Sure.</p><p>&nbsp;</p><p><strong>Question: &nbsp;Do we have to specify the pending EB-3 case information?</strong></p><p>Answer: &nbsp;You will have to, because if there is an I-140 approved or pending under the old case, you have to mention that. &nbsp;There is a question I think on the form.</p><p>&nbsp;</p><p><strong>Question: &nbsp;Should we do it during the I-140 filing?</strong></p><p>Answer: &nbsp;Yes. &nbsp;On the form itself, there is a question. &nbsp;If there is only a Labor Certification pending, there is nothing to say. &nbsp;If the I-140 is either pending or approved from the old case, you have to say it in the new I-140.</p><p>&nbsp;</p><p><strong>Question: &nbsp;When I started filing for my EB-2 case, my attorney mentioned not to file AC-21.&nbsp;</strong></p><p>Answer: &nbsp;I think that’s a personal choice. &nbsp;I like to file AC-21’s and then I like to assess whether I would need a promotion case or I can go ahead with the same AC-21 job for EB-2. &nbsp;I would like your lawyer to decide that as I do not know the case.</p>Thu, 06 Sep 2012 16:44:48 -0300Podcasts and Videohttp://youtube.com/v/YhQ1lJjB6v8http://img.youtube.com/vi/YhQ1lJjB6v8/0.jpgCommunity Conference Call 2012, Aug 30Tue, 04 Sep 2012 10:04:05 -0300Podcasts and Videohttp://youtube.com/v/Wih2isO44lghttp://img.youtube.com/vi/Wih2isO44lg/0.jpgCommunity Conference Call 2012, Aug 16Fri, 17 Aug 2012 15:50:56 -0300Podcasts and Videohttp://youtube.com/v/7bda7JN_gl0http://img.youtube.com/vi/7bda7JN_gl0/0.jpgAC21 Green Card Portability after 180 days of I-485 Pendency - Part 2<p>AC21 Green Card Portability after 180 days of I-485 Pendency - Part 2</p><p>&nbsp;</p><p>15th August, 2012.</p><p>Good morning, folks. &nbsp;This is Rajiv S. Khanna for immigration.com, the Law Offices of Rajiv S. Khanna, P.C.</p><p>This is in continuation of the Community Conference Call in which we specifically wanted to discuss AC21 issues, because there’s a bunch of them that bear recording in a separate treatment because a lot of people face the same kind of issues and there’s a lot of doubt about how to handle them.</p><p>I have two members of the community on the phone with us. &nbsp;It is understood that this call is being recorded and will be made publicly available, and everyone is fine with that.</p><p>This is just an informational call. &nbsp;You are not hiring us. &nbsp;We are not agreeing to represent you. &nbsp;Neither party owes the other anything.</p><p>FIRST SET OF QUESTIONS</p><p>Company A applied for my labor, a I-140 and I-485, and I got my EAD through that company in EB-3 category. &nbsp;I switched to Company B, invoking AC21, and have been working there the last two years. &nbsp;Company C applied for future employment.&nbsp;</p><p>First thing I want to make clear for everybody is that, under the Yates Memorandum of May 2005, it is absolutely okay for you to do an AC21 based upon a future company’s job application.&nbsp;</p><p>So let’s modify your example a little bit. &nbsp;Let’s say you are working for Employer B, and Employer C has started your Green Card as a future employer. &nbsp;Let’s say Employer C gets your I-140 approved. &nbsp;</p><p>Can you now file I-485 through Employer C even though you are working for Employer B?</p><p>The answer is, “Yes,” of course, based upon a genuine desire to join them, Employer C, when the Green Card comes through or sometime before.&nbsp;</p><p>Can you after 180 days without ever joining Employer C, join an Employer D or continue working with Employer B?</p><p>Yes. &nbsp;You can do an AC21 without ever joining the future employer. &nbsp;There has been some confusion about this issue, but Yates Memorandum does say that very clearly. &nbsp;This is a memorandum from May 2005. &nbsp;It very clearly says that it is okay for you to port from a future job without ever joining that employer. &nbsp;So, as a principle, that’s clearly understood. &nbsp;Now looking at your situation specifically, Green Card EB-3 started with Employer A, moved over to Employer B, and you’re on AC21 and Green Card is done through Employer C under EB-2 category from an earlier date. &nbsp;So your EB-3 date is 2006, but your EB-2 through Company C is 2004. &nbsp;Now to make things kind of interesting, Company C got closed, so that company is no longer in operation. &nbsp;Now, again, as a matter of general law, what happens is a couple of things are clear. &nbsp;USCIS has the right to revoke an I-140--any I-140--where the company who’s sponsored that I-140 ceases to do business.</p><p>How does that correlate with AC21? &nbsp;</p><p>It correlates as follows: &nbsp;If an employee has already used AC21 and ported using that AC21 and then USCIS revokes that I-140 for the company having ceased to do business, I don’t think AC21 is going to be affected. &nbsp;Normally, if you stayed with the same company, Company C, or you did not do a porting of Company C’s I-140 approval and I-485 pendency, you would be out of luck because they can revoke the I-140 as soon as the company stops doing business. &nbsp;But, in your case, they have not revoked, so the I-140 is still very much alive. &nbsp;However, what you can’t do is, you can’t file an I-485 based upon Company C’s job offer, because the company no longer exists. &nbsp;You could say, “Wait! &nbsp;I already have an I-485 pending.” &nbsp;You do.&nbsp;</p><p>This is a gray area of the law that nobody can really answer for you. &nbsp;</p><p>In your situation, can you use the future AC21 portability so that you can get EB-2 date of 2004 with any employer?</p><p>I am not sure about that, but one thing I am sure about is that you can get the 2004 priority date and take it to any employer. &nbsp;So what are you doing? &nbsp;You are doing a mix thing. &nbsp;This is very sure. &nbsp;This you can do. &nbsp;So far as what USCIS has said, this is what it said.&nbsp;</p><p>Even if the I-140 is going to be revoked (It’s not revoked, but even if it were revoked), that 2004 date is yours to keep. &nbsp;So, you are getting the date from Employer C, but you are getting the AC21 from Employer A.&nbsp;</p><p>So we know very clearly that you are entitled to EB-3 2004. &nbsp;So, you are entitled to EB-3 2004, no question.&nbsp;</p><p>Are you also entitled to EB-2 2004?</p><p>That’s very doubtful. &nbsp;Why? &nbsp;Because, even though the 485 that was pending does not have to be refiled when you file an EB-2 based case through Employer C for 485. &nbsp;However, if the company had still been in existence, and you come to me and say, “Rajiv, I want to get my 485 converted to EB-2 application. &nbsp;Basically attach it to the I-140 through Company C.” &nbsp;I would have said, “Let’s get an offer of employment from Employer C and we can send that.” &nbsp;I would have taken that, and I would have told the government to convert your pending 485 to a petition of EB-2 under Company C. &nbsp;But the problem is that company is no longer in existence.</p><p>Is that a required step? &nbsp;</p><p>Not really. &nbsp;Sending a letter in from Company C. &nbsp;Is that a required step for converting your case to EB-2, 2004 AC21?</p><p>Not really, but I think it can be said that it is. &nbsp;So, we are clear you are entitled to EB-3 2004 date because of Company C’s I-140 approval from 2004, but it is unclear whether you are entitled to EB-2 2004.</p><p>Can my EB-2 be ported?</p><p>What you are saying is, “Can I port my EB-2 job to my current company?” &nbsp; There is no other way to port. &nbsp;You can either take the priority date or you can take whole Green Card. &nbsp;</p><p>Can I port the whole Green Card?</p><p>You cannot move that or we’re not clear if you can move that, because we don’t have that one step of the job offer being submitted to the USCIS.&nbsp;</p><p>Had the company been in existence, and I could have gotten a genuine job offer from them, and I could have submitted that, then you could have ported that job anywhere or that Green Card anywhere, including to your current employer.</p><p>Can you do it anyway?&nbsp;</p><p>I don’t know the answer to that question, because that is a gray area of law. &nbsp;Nobody can, at least I don’t think anyone can positively say, this is the way it’s going to go. &nbsp;</p><p>Is it worth trying? &nbsp;</p><p>I don’t know the answer.</p><p>How far are you from your priority date in 2004 EB-3? &nbsp;Is that too far away? &nbsp;</p><p>August, 2002.</p><p>It might be worth trying an EB-2 AC21, but here’s what you need to be careful of. &nbsp;When you port a job from one place to another, from one employer to another, what you are telling the government is, this job is same or similar to the job that was the subject of the Green Card proceedings. &nbsp;When you went from Employer A to Employer B, you told the government that, “Mr. USCIS, the job that Employer B is giving me is same or similar to the job that Employer A gave me under the Green Card.” Same or Similar.</p><p>Now, when you do an AC21 portability under the EB-2, you will be making same argument for the EB-2 job. &nbsp;You will be saying, “Mr. USCIS, Company B is offering me a job that is same or similar to the job described by Company C in their Green Card petition.” &nbsp;As we have discussed, the two jobs are basically similar. &nbsp;I want a lawyer to look at it and make sure that they are similar. &nbsp;That’s the only thing I am concerned about. &nbsp;I don’t want you to push for EB-2 and then have questions raised about EB-3 also. &nbsp;I think you are reasonably safe if the jobs are same or similar. &nbsp;Because for the same job description, one company can have one requirement, another company can have another requirement. &nbsp;We care only that the jobs are the same or similar.</p><p>This itself is a big problem. &nbsp;I want to make a general comment about this. &nbsp;Nobody quite knows what same or similar is.</p><p>USCIS did a whole shebang of trying to clarify this. &nbsp;Actually, they have not clarified anything. &nbsp;They have only made things more confusing. &nbsp;It appears that, if the salaries are too far different, they can start questioning it. &nbsp;It appears that if the jobs are totally dissimilar, of course, they are not going to allow AC21. &nbsp;</p><p>But what is similar? &nbsp;</p><p>Nobody knows. &nbsp;So let your lawyer take a look at it if you don’t want to take a chance on this. &nbsp;AC21 is a one-shot deal. &nbsp;If the 485 gets denied, we will have a lot of problems. &nbsp;The only option at that point would be to get another job and try to reopen the I-485, which becomes very complicated. &nbsp;So somebody should look at the job, make sure that the AC21 is applicable to the EB-2 job without hurting your EB-3.&nbsp;</p><p>In general, what is the difference between filing I-485 through a future employer and just doing portability for a future employer?</p><p>Let me explain what the difference is. &nbsp;Normally, in order for you to do portability, you have to file a 485, the 485 must have been pending for 180 days, and the I-140 must have been approved.</p><p>What are we clear about? &nbsp;</p><p>We are clear about the timing of the 485 in general. &nbsp;We know, if an I-140 is filed in January, and an I-485 is also filed in January at the same time, concurrently, the I-140 gets approved in July, which is more than 180 days later.</p><p>Can you port now?&nbsp;</p><p>The answer is yes, because the moment the I-140 is approved, we look back and see, has the 485 has been pending for 180 days?</p><p>If the I-140 gets denied, then you can’t port. &nbsp;We know that once an I-140 has been pending 180 days, whether or not it was after the I-140 approval, we don’t care.</p><p>Now let’s take your case specifically. &nbsp;What is the difference between I-485 filing and AC21 filing?</p><p>In normal cases, in order to take advantage of AC21, you have to file the 485, have the 485 pending 180 days, and have the I-140 approval.</p><p>Does it have to be an I-485 with the same employer from whom the I-140 got approved?</p><p>That’s where the problem is. &nbsp;I don’t think it does. &nbsp;You have a 485 pending, and you have an I-140 approved through Employer C. &nbsp;Do they have to be in the same package? I don’t think they do. &nbsp;But the grayness in the situation comes because we don’t have an offer letter that connects anything to anyone. &nbsp;But, even though the I-140 was approved, the company went out of business. &nbsp;</p><p>Now, can we do really do an AC21?&nbsp;</p><p>I don’t know. &nbsp;It’s a gray area. &nbsp;I would push for it. &nbsp;I would try it, and maybe I could make USCIS see how technically this is okay, but I don’t know for sure if it’s coming.</p><p>_______________________________________________________________________________________________</p><p>Second Set of Questions</p><p>My I-140 was approved through my current employer, I am completing my six years in September on H-1B, and they filed for my three-year extension. &nbsp;If I am laid off on H-1B, is there any grace period to find my next job?</p><p>There is no grace period. &nbsp;I have a lengthy article on my blog on this issue:</p><p>http://forums.immigration.com/entry.php?57-Laid-off-Now-what-Updated-26-...</p><p>If I find a new job, my new employer does the H-1B, and I can get the three-year extension based on the I-140 approval. &nbsp;Does the new job have to be similar in role that I have right now?</p><p>That’s a very interesting question, but answer is, luckily for you, “No.”</p><p>There are several benefits flowing from I-140 approval:</p><p>1) &nbsp; &nbsp;You get to carry your priority date forward. &nbsp;When you carry your priority date forward, does it have to be same in a same or similar profession or job as described in the Green Card? &nbsp;No, it does not. &nbsp;To carry the priority date forward, it can be a totally different job and it can be carried across categories, EB-1, EB-2, EB-3. &nbsp;It doesn’t matter.</p><p>2) &nbsp; &nbsp;The second benefit is AC21, If 485 has been pending. &nbsp;Then you have to have same or similar job.</p><p>3) &nbsp; &nbsp;The third benefit is H-1 extension. &nbsp;For H-1 extension, an approved I-140 must exist and continue to exist when you get the H-1 approval. &nbsp;Approval of the H-1 does not have to be in the same or similar job for which the I-140 was approved. &nbsp;It can be totally different. &nbsp;It can be different job location, different region, different employer, different job. &nbsp;The benefit of the H-1 extension beyond six years does not require that your job must be same or similar. &nbsp;Only AC21 job requires same or similar.</p><p>If I have to go on H-4 for some time, then I find a job, the same I-140, and my company doesn’t revoke the I-140, can I use that I-140 approval to get a three year extension on the new employer, if I find them later on?</p><p>Theoretically, the answer is yes, but practically, this is what I would worry about.&nbsp;</p><p>I don’t mean to scare you. &nbsp;It’s a good idea to think of everything that can go wrong and kind of be ready.</p><p>There are cases on the books—I’ve seen them, I’ve read them--that say for an I-140 to continue to be valid, the job must not have been extinguished. &nbsp;So, what if you file the H-1 and USCIS says, “Aha. &nbsp;You are on H-4. &nbsp;That must really mean that the job is extinguished, the I-140 job. &nbsp;So, we are going to revoke the I-140”?&nbsp;</p><p>It is very unlikely that they will do that, extremely unlikely, but it can be said that it’s possible. &nbsp;It may not be probable, but it’s possible. &nbsp;My argument would be, “As long as the I-140 was surviving on the date I filed the H-1, you have to give me my H-1.” &nbsp;So, in short, I think you can, but be aware that it could be an issue.</p><p>If I find a new employer and I get a three-year extension based on current I-140 approval, does my new employer have to start my Green Card process immediately or, since I have three years with him, he can wait to file after one year?</p><p>They should start as early as possible. &nbsp;But, normally, once USCIS has given the H-1, they will not take it back, even if the I-140 is revoked normally. &nbsp;So, I feel that it would be reasonably safe to wait a year.</p><p>The priority date can be carried over without any problems?</p><p>Absolutely. &nbsp;That USCIS has made clear. &nbsp;Even if they revoke I-140, they let you carry the priority date forward.</p><p>Good luck, guys. &nbsp;Thanks for being here.</p>Wed, 15 Aug 2012 13:35:35 -0300Podcasts and Videohttp://youtube.com/v/WDaGTTXJ2_chttp://img.youtube.com/vi/WDaGTTXJ2_c/0.jpgContacting Members of Congress and USCIS Ombudsman for immigration cases<p>Recorded on 9 August 2012.</p><p>&nbsp;</p><p>Hello, everyone. &nbsp;This is Rajiv S. Khanna for immigration.com, the Law Offices of Rajiv S. Khanna, P.C.</p><p>&nbsp;</p><p>I have indicated in the conference call last week that I will record a video for people to be able to contact their Congressman and how this whole process of following on stuck cases works.</p><p>&nbsp;</p><p>When, how, and how often to contact your Congressman?</p><p>&nbsp;</p><p>These are some of things you need to be aware of. &nbsp;First of all, whenever you have a problem between two or three different government agencies, let’s say your case is stuck between USCIS or different offices of the same agency, for example, USCIS Service Center or the local office. &nbsp;Nobody knows what is going on with the files. &nbsp;Or a citizenship application has been stuck or something is stuck between the State Department, for example, a consulate, and the USCIS. &nbsp;Whenever you have a problem that is trans-agency, it is always very effective to contact your Congressman.</p><p>&nbsp;</p><p>Why do Congressmen help people?</p><p>&nbsp;</p><p>They help people partly because they consider this to be part of their job. &nbsp;Even though you are not a U.S. citizen or non-immigrant or somebody who is just visiting, Congressmen’s offices usually are quite helpful. &nbsp;And a lot of people have had lot of success in speaking with their Congressmen’s office.</p><p>&nbsp;</p><p>What you will do is, I will show you in a second. &nbsp;You will figure out whom to contact depending upon where you live. &nbsp;You will call their office and you will tell them, I have an immigration-related problem. &nbsp;I live in your constituency. &nbsp;Who should I speak with in your office to help me to resolve the immigration problem? &nbsp; They typically have one or two people who are almost permanently committed to helping people with immigration problems.</p><p>&nbsp;</p><p>Don't expect them to give you legal help. &nbsp;They are not going to provide you legal consultancy. &nbsp;What they can do is help you to track the file; they can shake the tree where the file is stuck. &nbsp;So no legal help but, procedurally, they can be quite helpful.&nbsp;</p><p>&nbsp;</p><p>There are two types of Congressmen and Congresswomen. &nbsp;One who is member of U.S. House of Representatives, and the others who are members of the U.S. Senate.</p><p>&nbsp;</p><p>So, what you do is, you can go to either one of them.</p><p>&nbsp;</p><p>Let us start with the House of Representative. &nbsp;Go to http://house.gov, enter your zip code, and click "Go." &nbsp;And this tells me who my representative is right here. &nbsp;And if click on their name, you can get information on their offices. &nbsp;You can contact their local office or their Washington D.C. office. &nbsp;It does not matter. &nbsp;This is how you can contact your member of the House of Representatives.</p><p>&nbsp;</p><p>For a Senator, you will go to http://www.senate.gov/ and go to the state where you are from. &nbsp;For example, I am from Virginia so I will select that and click "Go," and it will me who my Senator is. &nbsp;These are my two senators, Mark Warner and Jim Webb. &nbsp;I can contact either of them. &nbsp;Either one of them can help me. &nbsp;You can contact anybody. &nbsp;But don't contact everybody. &nbsp;I think you should be little mindful about wasting resources, and it also becomes problematic, so just stick with one.&nbsp;</p><p>&nbsp;</p><p>This is about contacting your Congressman or Senator, but there is another agency when you have a USCIS-related problem. &nbsp;It’s called the Ombudsman. &nbsp;Do the search on Google or any search engine for USCIS Ombudsman. &nbsp;That brings you to the "USCIS Ombudsman Case Assistance” page.</p><p>&nbsp;</p><p>There, actually you can register a case with the Ombudsman office. &nbsp;If you click here on the "Case Assistance," it tells you how you can get assistance from them. &nbsp;This is for issues that are related to only USCIS, and they have been very helpful for a few of our cases. &nbsp;You can open a case online. &nbsp;Remember, once again, this is USCIS only.</p><p>&nbsp;</p><p>I hope this helps you folks to find your way around some of the problematic issues. &nbsp;I want to add one more thing. &nbsp;Don't start a case with the Congressman and Ombudsman at the same time. &nbsp;I think the Ombudsman does not like that and probably won’t allow you to do that. &nbsp;One or the other. &nbsp;If you have a multiple agency problem, contact the Congressman. &nbsp;They are usually more helpful.&nbsp;</p>Thu, 09 Aug 2012 16:17:22 -0300Podcasts and Videohttp://youtube.com/v/hqMBnGb_TUwhttp://img.youtube.com/vi/hqMBnGb_TUw/0.jpgCommunity Conference Call 2012, Aug2Thu, 02 Aug 2012 18:58:37 -0300Podcasts and Videohttp://youtube.com/v/jyN-X-og1RUhttp://img.youtube.com/vi/jyN-X-og1RU/0.jpgAC21 Green Card Portability after 180 days of I-485 Pendency - Part 1<p>AC21 Green Card Portability after 180 days of I-485 Pendency - Part 1</p><p>&nbsp;</p><p>&nbsp;</p><p>Recorded 27 July 2012</p><p>&nbsp;</p><p>&nbsp;</p><p>Hello, everyone. &nbsp;I want to talk today about AC21. &nbsp;There is a lot of mystery, a lot of mystique. &nbsp;People have been asking questions for a few years now, and I’m still not done answering all of the questions. &nbsp;So I thought I’d just record this for you and hopefully I’ll cover most of the issues that I remember. &nbsp;In case I am missing something, let me know. &nbsp;Of course, this is just the first part. &nbsp;I intend to do several parts on this AC21 issue. &nbsp;If you have any follow up questions, you are welcome to send us an email through the Contact Us form on www.immigration.com</p><p>&nbsp;</p><p>&nbsp;</p><p>What exactly is AC21?</p><p>&nbsp;</p><p>&nbsp;</p><p>AC21 is an abbreviation for a law called American Competitiveness in the Twenty-First Century Act. &nbsp;I think the law was enacted by Congress back in October 2000. &nbsp;So the law has been in effect for fully 12 years, and USCIS has still not given us regulations. &nbsp;It’s very important to have regulations. &nbsp;If you do not have regulations, we have only the bare bones of the law. &nbsp;In IT industry, you think of it as having just a high-level design. &nbsp;We do not have any user interface, we do not have any functionality program, we do not have the code, and we do not really know what the law will really look like in implementation. &nbsp;The last comprehensive interpretation of AC21 was back in May 2005 through something called the Yates Memorandum, given by William R. Yates, which basically answered a lot of questions, but there are still a lot left unanswered.</p><p>&nbsp;</p><p>&nbsp;</p><p>What is AC21’s effect on H-1?</p><p>&nbsp;</p><p>&nbsp;</p><p>Basically, this allows you to get H-1 extensions beyond six years; it allows you to change jobs while the H-1 transfer is pending. &nbsp;I’m not discussing this now. &nbsp;I want to focus on Green Card. &nbsp;I will address H-1 later.</p><p>&nbsp;</p><p>&nbsp;</p><p>AC21 effect on Green Card</p><p>&nbsp;</p><p>&nbsp;</p><p>Every EB-2, EB-3, and some EB-1 holders can change to a same or similar job as described in their Green Card with any employer anywhere in USA. &nbsp;You are not geographically restricted. &nbsp;If your green card was filed in Colorado, you can move to California or Washington, DC. &nbsp;What is required is the jobs be same or similar. &nbsp;</p><p>&nbsp;</p><p>&nbsp;</p><p>Your I-140 has been approved, and your I-485 has been pending for 180 days. &nbsp;How are the 180 days counted?</p><p>&nbsp;</p><p>&nbsp;</p><p>180 days are counted based upon the pendency of I-485, not necessarily after the I-140 has been approved. &nbsp;Let me explain. &nbsp;Let’s say I file your I-140 and I-485 today. &nbsp;After 150 days (five months), your I-140 gets approved, and now your I-485 has been pending 150 days. &nbsp;We only need 30 more days to reach to that 180 day count. &nbsp;In other words, we don’t have to start counting from the date the I-140 has actually been approved. &nbsp;We count based upon how many days the I-485 itself was pending. &nbsp;Once the I-485 is approved, then, by operation of law, we only count what has been remaining of 180 days. &nbsp;Once again, I file today, both the I-140 and I-485. &nbsp;After 150 days, I-140 gets approved. &nbsp;Now I have to wait only 30 more days.</p><p>&nbsp;</p><p>&nbsp;</p><p>What if I leave before I-140 is approved?</p><p>&nbsp;</p><p>&nbsp;</p><p>Mr. Yates made it quite clear that, as long as I-140 was approvable when filed, even if you left, it’s not going to affect the merits of your AC21 claim. &nbsp;Once again, if the I-140 was approvable when filed, even if you left, it’s not going to hurt the merits of your AC21 claim, but there is something to worry about.</p><p>&nbsp;</p><p>&nbsp;</p><p>Does the employer still have the intent to hire me back and I to rejoin?</p><p>&nbsp;</p><p>&nbsp;</p><p>In other words, what triggers AC21? &nbsp;It is not the approval of the I-140. &nbsp;What if my I-140 and I-485 were not filed together, as happens to a lot of people. &nbsp;Of course, if they were filed together, then remember the 150 days example I gave. &nbsp;Even if you left, the I-140 gets approved. &nbsp;We only have to wait those extra 30 days, and we are comfortable in knowing that we are covered by AC21. &nbsp;But what if my I-140 has been filed, but not my I-485? &nbsp;Then I have to do this analysis. &nbsp;Does the employer have the intention to hire back and I to rejoin them? &nbsp;If so, when my priority date becomes current, I can file for I-485 based upon the letter given by the employer for whom I used to work. &nbsp;If you leave before your I-140 is approved and before the I-485 is filed, you’ve got to have a way to file an I-485 through the employer who has sponsored you, who initially filed for you, who petitioned for you. &nbsp;That means there must be an intention to hire and rejoin.</p><p>&nbsp;</p><p>&nbsp;</p><p>What if I leave before 180 days are over, but the I-140 is approved?</p><p>&nbsp;</p><p>&nbsp;</p><p>Now the hypothetical is a little different. &nbsp;Remember the 150 day example. &nbsp;What if I leave on the 150th day, my I-140 is approved, but I am still 30 days short of the 180 days that’s needed for the I-485 to be pending? &nbsp;This hypothetical assumes that both the I-140 and I-485 are concurrently filed. &nbsp;If they were not concurrently filed, then of course the previous analysis--the intent analysis--if the employer has the intent to hire me back, then I can file an I-485. &nbsp;Remember, you can always carry the priority date forward. &nbsp;That’s what we’re talking about. &nbsp;Once the 1-140 is approved, the priority date can be carried forward. &nbsp;We’re talking about AC21. &nbsp;That’s a different law altogether.</p><p>&nbsp;</p><p>&nbsp;</p><p>If I leave on the 151st day, am I okay?&nbsp;</p><p>&nbsp;</p><p>&nbsp;</p><p>You are okay as long as USCIS does not start questioning you on the 151st day. &nbsp;Mr. Yates said this. &nbsp;If you have left before 180 days and if you do not have a RFE response due back asking you about your job before the 180 days, you are okay. &nbsp;If I got an RFE before I left and the RFE response is due before 180 days, then the chances are I cannot use the AC21. &nbsp;I can only carry forward my priority date. &nbsp;If you don’t get this, join me in a free community conference call, and I’ll run over your scenario step-by-step.</p><p>&nbsp;</p><p>&nbsp;</p><p>What if I leave before 180 days are over, but the I-140 is approved, I-485 is pending, and I left during the 151st day? &nbsp;As long as an RFE response is not due before the 180 days, you are okay. &nbsp;It’s fairly safe to assume that you are going to be fine in any of these scenarios where you’ve left before the 180 days are over, because, typically, the RFE itself gives you a few weeks to respond and, by that time, if you’ve thought it over, you can respond with a new job offer.&nbsp;</p><p>&nbsp;</p><p>&nbsp;</p><p>What if I’ve left, but I don’t have a job for some time? &nbsp;Let’s say you left on the 150th day. &nbsp;Your I-485 pending and I-140 approved, or both are pending, what if you do not have a job for some time? &nbsp;Same analysis applies as long as an RFE response is not due before the 180 days are over. &nbsp;If it’s due before the 180 days are over, you could have some problem. &nbsp;But, if it is not due, you should be all right. &nbsp;If you do not have a job for some time, that’s okay, too.</p><p>&nbsp;</p><p>&nbsp;</p><p>May I port from a future job?</p><p>&nbsp;</p><p>&nbsp;</p><p>This is a very interesting analysis. &nbsp;The Yates Memorandum clearly says yes. &nbsp;So I am working for employer A &nbsp;on a &nbsp;H-1, and employer B &nbsp;has filed for my green card as a future job or, maybe even if I used to work with employer B, then I left them, and they continued by green card. &nbsp;It becomes a future job, then I am not working on that job. &nbsp;You can actually file an I-140 and I-485 for a future job and still do an AC21 to any job. &nbsp;You actually never even have to join the future job as long as your intentions were clean when you filed the I-485. &nbsp;So yes, you can port from a future job, and you can even port without ever joining that employer.</p><p>&nbsp;</p><p>&nbsp;</p><p>May I port to my own company or business?</p><p>&nbsp;</p><p>&nbsp;</p><p>This is a question I’m asked quite a lot. &nbsp;The answer is yes. &nbsp;It is not forbidden. &nbsp;Why the double negative? &nbsp;I’ll tell you what I’m worried about. &nbsp;When somebody ports to his or her own company or business, one of the most important things is, remember I talked about jobs must be same or similar? &nbsp;This is where the problem occurs. &nbsp;Let’s say your title was Biochemist or IT Engineer or Software Engineer or Systems Administrator. &nbsp;When you start your company, you kind of become the CEO or Manager. &nbsp;That’s not acceptable. &nbsp;That could cause the problem. &nbsp;But what if you have a company your wife is managing, and you’re just an employee? &nbsp;That’s okay. &nbsp;That can be done. &nbsp;So when you port to your company or business, make sure you discuss this in detail with your lawyers. &nbsp;Make sure you understand what you’re allowed to do and what you’re not allowed to do.</p><p>&nbsp;</p><p>&nbsp;</p><p>The same or similar analysis is very confusing. &nbsp;We don’t have clear understanding. &nbsp;The closest you are to the jobs being the same, the better off you are.</p><p>&nbsp;</p><p>&nbsp;</p><p>What do I mean by the same job? &nbsp;</p><p>&nbsp;</p><p>&nbsp;</p><p>What if I was a Java Developer in one job and a .Net Developer in another job? &nbsp;I think that’s okay. &nbsp;This is my interpretation, because you’re still a developer. &nbsp;Nowhere does the law say you must have the same technologies covering both jobs. &nbsp;In my view, you are okay even with different technologies. &nbsp;I’ve never had this view supported by the government, so consider this my guess, something I would be comfortable arguing in court if I have to.</p><p>&nbsp;</p><p>&nbsp;</p><p>What is required to do an AC21, and what does it involve?</p><p>&nbsp;</p><p>&nbsp;</p><p>There is no law on what you are required to do. &nbsp;If you do not inform the government, you are not breaking any law. &nbsp;But in most cases, it is a smart idea to inform the government. &nbsp;Why? &nbsp;Because if you are subject to AC21, you ported over, and then the old employer revokes the I-140, for somebody who has successfully ported, that does not have any effect on them. &nbsp;The old employer can revoke the I-140. &nbsp;You are still entitled to your AC21 benefits. &nbsp;However, I have seen cases when an old employer revoked the I-140. &nbsp;Instead of sending the usual RFE, USCIS sends a Notice of Intent to Revoke the I-485, and if you do not get it in timely manner, sometimes you could have an issue. &nbsp;Then you have to file a Motion to Reopen. &nbsp;It becomes messier. &nbsp;You might not have work authorization, because your I-485 has been revoked. &nbsp;That’s why, further down, I am going to advise you to keep your H-1 active in most of these cases. &nbsp;Even though the chances of something going wrong are extremely small, they do exist, and I like to cover every possible bad scenario that I possibly can. &nbsp;What you have to do is have your lawyers write a letter to the government saying that you are using AC21 and porting over to same or similar job.</p><p>&nbsp;</p><p>&nbsp;</p><p>May I transfer more than once using AC21?</p><p>&nbsp;</p><p>&nbsp;</p><p>Yes, you can do 20,000 change of employers. &nbsp;AC21 does not say you can do it only once.</p><p>&nbsp;</p><p>&nbsp;</p><p>Should I keep my H-1 active?</p><p>&nbsp;</p><p>&nbsp;</p><p>I just spoke about that. &nbsp;I think you should as far as humanly possible. &nbsp;If, for whatever reason, you cannot, it’s okay. &nbsp;You’re still reasonably safe as long as you keep track of your ****, but, where possible, keep your H-1 active. &nbsp;It’s so much better for you.</p><p>&nbsp;</p><p>&nbsp;</p><p>What are the dangers in using AC21?</p><p>&nbsp;</p><p>&nbsp;</p><p>One thing that has always bothered me is, if for some reason your I-485 is denied, for example, you are out of status and not even knowing you are out of status and your I-485 gets denied, you lose your AC21. &nbsp;This is something I’ve seen come up. &nbsp;An employee was placed in California where the LCA was approved for Colorado. &nbsp;That’s a violation of the H-1 laws. &nbsp;Most employers don’t know that. &nbsp;Unfortunately, some of my colleagues I’ve seen poorly advise that you can just file a new LC. &nbsp;That’s not true. &nbsp;H-1 amendments are needed when the move is beyond normal commuting distance. &nbsp;Inadvertently, you have fallen out of status for more than 180 days. &nbsp;Now your I-485 is deniable. &nbsp;You did not know that. &nbsp;The next thing is you’re getting a denial of I-485, and you are losing your right to AC21. &nbsp;That’s one major danger that I see all the time. &nbsp;Other than that, everything is covered if you can keep you H-1 active and, if you cannot, I feel that your risks are minimal. &nbsp;We have filed hundreds, if not thousands, of AC21 cases. &nbsp;I have not had a single case run into any kind of problem.&nbsp;</p><p>&nbsp;</p><p>&nbsp;</p><p>Sometimes, you can be interviewed. &nbsp;Does your risk of being interviewed increase because you’ve filed an AC21?</p><p>&nbsp;</p><p>&nbsp;</p><p>I personally don’t think so. &nbsp;I don’t see any indication of that. &nbsp;But, certainly, I’ve heard people say that that’s what happens. &nbsp;I don’t feel that’s a major danger. &nbsp;I don’t think that happens that frequently, but keep that in mind as well.&nbsp;</p><p>&nbsp;</p><p>&nbsp;</p><p>Folks, I hope I was able to give you some useful information. &nbsp;I know it’s kind of confusing, but we’ll keep talking about it until things become clearer.</p><p>&nbsp;</p><p>&nbsp;</p><p>Thank you for listening. &nbsp;Good luck.</p>Fri, 27 Jul 2012 13:13:33 -0300Podcasts and Videohttp://youtube.com/v/RNZS19f4xuwhttp://img.youtube.com/vi/RNZS19f4xuw/0.jpgMaintaining Your Green Card<p>Maintaining Green card</p><p>&nbsp;</p><p>By</p><p>&nbsp;</p><p>Rajiv S. Khanna</p><p>&nbsp;</p><p>July 20th, 2012</p><p>&nbsp;</p><p>15.55 Minutes</p><p>&nbsp;</p><p>I wanted to record a video at the request of a community member who is a senior, a parent of a US citizen. &nbsp;They come and they visit. &nbsp;A lot of people are in this situation. &nbsp;When parents come and visit, are they required to continue to stay here for a certain time? &nbsp;How does the naturalization process work? &nbsp;It is a difficult topic because it has many components.</p><p>&nbsp;</p><p>Let me start by giving you an overview of the way maintaining permanent residency in the USA works. &nbsp;Let’s begin with this flow chart. &nbsp;What does the law require if you have a green card? &nbsp;The law requires you to have a permanent home in the USA. &nbsp;There is no artistic definition of what “permanent home” is. &nbsp;If you in fact live in the USA, your permanent home is USA.</p><p>&nbsp;</p><p>I’ll get to the specific questions in a minute. &nbsp;I just want to talk about the law in general.</p><p>&nbsp;</p><p>Your permanent home must be USA. &nbsp;There is no artistic definition of permanent home. &nbsp;The simple question is “Where do you live?” &nbsp;If the answer is, “I live in USA,” you’re okay. &nbsp;That’s the first step. &nbsp;But what about taking a trip outside USA? &nbsp;Is it a one-time trip or infrequent trips or do you go every year for a couple of months or a month? &nbsp;That’s not a problem. &nbsp;But what if you are going every year for five months, frequent trips that you repeat every year? &nbsp;At some point, USCIS can raise a red flag on that. &nbsp;Because the question is, are you really living in USA or are you really living in your home country? &nbsp;If there is a pattern, even though the pattern involves travel of less than six months in a 12-month period, but it’s a pattern that has existed for a long time, a few years, they can raise an objection, and they can ask you where you live.</p><p>&nbsp;</p><p>One thing I want to add. &nbsp;If a green card holder shows up at the US airport, the government has to let them in, even if they are claiming abandonment. &nbsp;Government has to let them in and they can lift the green card and they can say they are taking away your green card, and you have to report to immigration court on a given date, but it’s not like they can you turn you back at the airport.</p><p>&nbsp;</p><p>Going back to what we were talking about, frequent trips or a pattern of trips. &nbsp;What if my trip is less than six months? &nbsp;Usually, there is no problem. &nbsp;Any year you want to go out for five months or 5 ½ months, it’s not a problem for your green card, not a problem for your naturalization, unless there is a pattern. &nbsp;If there is a pattern, then they can start creating issues.</p><p>&nbsp;</p><p>What if the trip is less than a year but more than six months?</p><p>&nbsp;</p><p>That can require an explanation at the airport. &nbsp;There is actually a technical term called “entry.” &nbsp;A green card holder who has been gone less than six months is not really seeking entry. &nbsp;They are not considered to be subject to a bunch of technical requirements that people would be if they were gone for six months or more. &nbsp;</p><p>&nbsp;</p><p>If you are gone for more than one year outside USA without reentry permit, if you don’t have a reentry permit form like I-131 and N-470? &nbsp;These are two forms that help you preserve your green card. &nbsp;N-470 helps you preserve your stay outside USA for naturalization if you are engaged in missionary activity, working for the US government, or involved in advancing international trade on behalf of a US company. &nbsp;It doesn’t apply to many people, especially to parents who are coming or are retired or if they are just coming for a few months in a year. &nbsp;For them, it doesn’t really apply. &nbsp;But a reentry permit protects you, not a hundred percent, but to a certain extent against an allegation by the government that you have completely abandoned your permanent residence. &nbsp;If you are outside USA for more than one year without reentry permit, your green card is gone.</p><p>&nbsp;</p><p>What to do if you have been outside USA for more than one year without reentry permit?</p><p>&nbsp;</p><p>There are only two choices. &nbsp;You can apply for a returning residence visa through the consulate in your home country. &nbsp;It is also called SB-1 visa. &nbsp;There, you have to explain in quite some detail what the genuine reason was for your inability to return to USA within one year. &nbsp;Then it is discretionary upon the consulate whether they are convinced by the genuineness of your response or not. &nbsp;If you have been outside USA for more than one year, your green card is gone. &nbsp;If you can get a returning resident visa (SB-1 visa), then you can come back. &nbsp;Of course, your son or daughter can apply for a green card again. &nbsp;If you unfortunately have a green card through a brother or sister, that will take 13 years again. &nbsp;That’s the way you can get your green card back.</p><p>&nbsp;</p><p>The next question I have been asked a lot. &nbsp;Yesterday, no less than three people asked me the same question.</p><p>&nbsp;</p><p>What if I surrender my green card? &nbsp;Will I easily be able to get certain visas like B-1, B-2 (tourist, business), F-1(student), and J-1 (exchange visitors)?</p><p>&nbsp;</p><p>The answer is we don’t know. &nbsp;On the one hand, the fact that you have given up your green card should be considered the ultimate proof that you don’t want to live in US. &nbsp;But government can sometimes ignore that and consider that to be actually a negative point that you had a green card and maybe you are trying get back into USA. &nbsp;Sometimes you can have a problem getting B, F, or J type visa. &nbsp;Of course, for certain kinds of visas for which immigrant intent or intent to live in USA is not an issue, like H-1, H-4, L-1, L-2 visa, you would not have any problem getting those.</p><p>&nbsp;</p><p>That’s what I wanted to cover in the way of the general law. &nbsp;Now I want to show what USCIS says about this. &nbsp;I extracted this from the USCIS website. &nbsp;USCIS says if you do anything which makes you removable, for example, if you commit a crime, etc., which is not a problem for us. &nbsp;But then they talk about abandoning permanent residence. &nbsp;If you move to another country intending to live there permanently, one of the things that USCIS looks for, not just in case of parents, in case of any immigrant who is outside USA, if you leave your job and get another job outside USA, that is a sure indication that you have abandoned your permanent residence in USA. &nbsp;Also, if your family is living in your home country and not USA, then USCIS can consider that also to be evidence that you have abandoned your permanent residence in the USA. &nbsp;If you remain outside the USA for more than one year, I’ve already covered that.</p><p>&nbsp;</p><p>If you fail to file an income tax return while living outside US for any period or you declare yourself a non-immigrant on your tax returns, you will lose your green card. &nbsp;But what if you are not required to file tax returns? &nbsp;That’s one of the questions the gentleman who sent me an email asked me. &nbsp;Am I required to file an income tax return? &nbsp;I don’t know where that observation from USCIS comes from, because, the way I see it, if IRS does not require you to file a tax return, you shouldn’t be filing one. &nbsp;There is not a problem. &nbsp;I looked up at the IRS publication P-4588. &nbsp;The part that I highlighted. &nbsp;If you have a US green card, if you are a lawful permanent resident, even if you are a US green card holder for only one day in that year, you have to file income taxes, except when your gross income from worldwide sources is less than the amount that requires a tax return to be filed. &nbsp;If your income is below a certain level, I do not see why you should be required to file a tax return. &nbsp;In my view, the information on USCIS website is a little misleading. &nbsp;It does not provide for those cases where a tax return is just not required to be filed. &nbsp;That’s the way I see it, but I’m no tax expert. &nbsp;I would readily admit that. &nbsp;In my view, it is not required.</p><p>&nbsp;</p><p>Now, going through the questions that our respected community member has.&nbsp;</p><p>&nbsp;</p><p>Can the green card holder travel to their native country for 160 to 170 days?</p><p>&nbsp;</p><p>As I said, as long as you are maintaining your permanent home in USA. &nbsp;The question is what is a permanent home for somebody who lives a few months here and few months in the home country? Difficult for me to say. &nbsp;Maybe a separate bedroom for you in your children’s house, if you’re living with a child, maybe your bank account, or if you have your driver’s license. &nbsp;Anything that a person who is living in USA permanently would do will strengthen your case. &nbsp;If you have a pattern of going back to your home country for a few months every year and it is 160-170 days, which is just short of 180, it appears to USCIS that maybe you are not really seriously maintaining your green card. &nbsp;That’s what I would be worried about. &nbsp;However, if you have other indications that you are actually living permanently in USA. &nbsp;Again, this is not a term of art. &nbsp;There isn’t anything here that I can say that is very scientific or artistic or esoteric that I can explain to people. &nbsp;It is just common sense. &nbsp;Whatever a normal person does. &nbsp;By normal, I mean you, for example. &nbsp;What would you do, sir, if you were living in USA? &nbsp;What kind of amenities would you create for yourself? &nbsp;Would you rent your own house? &nbsp;Buy your own house? &nbsp;Whatever it is that you would normally do. &nbsp;If you follow that through, I think you have a fairly good chance of surviving any challenge by the government that you have abandoned your green card. &nbsp;By the way, for naturalization also, if the green card has been abandoned at any point in time, there can be no naturalization. &nbsp;</p><p>&nbsp;</p><p>Question #2. &nbsp;99 percent of parents are dependent on their children. &nbsp;Is it necessary to file income tax returns?</p><p>&nbsp;</p><p>In my view, no. &nbsp;If IRS doesn’t require you to file tax returns, I don’t see how USCIS can. &nbsp;In my view, you should not have to file tax returns, if, under the rules of IRS, you’re not required to.</p><p>&nbsp;</p><p>May you file no taxable income? &nbsp;I don’t know how to do that. &nbsp;You have to ask your CPA.</p><p>&nbsp;</p><p>Will it affect for filing the naturalization process? &nbsp;I haven’t done extensive research on this issue of tax returns, but, just from what I saw in a couple of minutes of review, it didn’t appear to me that a tax return should be required. &nbsp;If you want to be even more sure, what you can do is contact your Congressman’s office here in USA and just tell them to find out the answer for you definitively.</p><p>&nbsp;</p><p>I am unaware of the source of this requirement. &nbsp;I don’t see where USCIS says you’ve got to file taxes. &nbsp;What if the law doesn’t require you to?</p><p>&nbsp;</p><p>So, go to your Congressman’s office. &nbsp;They might be able to confirm.</p><p>&nbsp;</p><p>I don’t want to spend a whole lot of time trying to resolve this issue, which is, in my view, a marginal issue.&nbsp;</p><p>&nbsp;</p><p>Third question--Can they continue to hold green card for seven to eight years and, in the ninth year, file for naturalization?</p><p>&nbsp;</p><p>The answer is yes. &nbsp;As long as you meet the requirements for naturalization and you have not abandoned your green card, you are okay.</p><p>&nbsp;</p><p>That’s pretty much all I have to add to this. &nbsp;You folks with follow-up questions, go ahead and send us emails or join our community conference calls. &nbsp;We’ll take it up there.</p><p>&nbsp;</p><p>Thank you, everybody.</p><p>&nbsp;</p><p>This video is available on immigration.com at Requirements for Naturalization in USA (Forms I-131/N-470)&nbsp;</p>Fri, 20 Jul 2012 20:59:19 -0300Podcasts and Videohttp://youtube.com/v/ptkZM3uo4vkhttp://img.youtube.com/vi/ptkZM3uo4vk/0.jpgImpact of I-140 Revocation<p>Impact of I-140 Revocation</p><p>13 July 2012</p><p><span>9.05 Mins</span></p><p>I have been meaning to share with you a few things about what we are noticing in the last few months, a whole flurry of I-140 denials, intents to revoke. &nbsp;It appears that USCIS has gone back and revisited even approved I-140’s. &nbsp;What happens is, in these cases, an employee who has nothing to do with an employer’s wrongdoing, if there is any wrongdoing in fact, gets stuck.</p><p>&nbsp;</p><p>We represented a company—we’ve done this for three or four companies, but one company in particular comes to mind--they bought out another company—I think 100 or so employees--and I was actually involved in the merger and acquisition, and I suggested that they should escrow some money just to make sure that, if something goes wrong with the immigration compliance, we would have attorneys' fees to fight the problem. &nbsp;And it did work out because, in fact, there was a problem. &nbsp;What happened was the guy who sold the company had some issues—apparently, he had several companies—and he had some issues that were not brought to light until this company that hired us started filing their cases. &nbsp;When they started filing I-140’s, USCIS came up with fraud allegations against the guy who sold the company. &nbsp;What happens in these cases is that the employees could lose the right to AC21 if the revocation is for fraud. &nbsp;They could lose their priority date if the revocation is for fraud. &nbsp;And they could lose their right to extend their H-1’s if the revocation is for fraud. So the employee is the one who gets hurt the most. &nbsp;When we got retained--there were about 20-25 cases--we went in and argued it out with the government and, happily, all cases were approved. &nbsp;Each set of circumstances is unique. &nbsp;Sometimes we can get approvals and sometimes we cannot get approvals. &nbsp;This narrative doesn’t mean we’re always going to get approvals. &nbsp;I just want to talk to you guys and explain to you that this is happening. &nbsp;Don’t think that just because you have an I-140 approval, you’re good.</p><p>&nbsp;</p><p>This morning, as I was going over the content on immigration.com, I noticed a comment on our forums. &nbsp;This person said this:</p><p>&nbsp;</p><p>180 days on EAD will get over next week and I plan to go on AC21. &nbsp;Sponsoring employer is being inquired into for some fraud. &nbsp;No one knows exactly what’s going on. &nbsp;He’s going over to a new company.&nbsp;</p><p>&nbsp;</p><p><span>These are his four questions. &nbsp;I think it’s relevant to the whole community. &nbsp;That’s why I’m recording this.</span></p><p><span>Will this fraud affect my I-485 application? &nbsp;Will I get an RFE?</span></p><p>&nbsp;</p><p>First of all, no one can predict whether or not you will get an RFE. &nbsp;Whether the fraud will affect your I-485 depends on whether or not the I-140 is considered to be fraudulent. &nbsp;The biggest problem in these cases is because the I-140 is the employer’s application. &nbsp;The employee does not get a notice, so before you know it, you get a Notice of Revocation of I-485 because, without your knowledge as an employee, the I-140 has been revoked. &nbsp;This is very unfortunate. &nbsp;It’s a good idea for those of you who are moving or who want better information or handle on your I-140 to stay in touch with your lawyers. &nbsp;Make sure they know where you are and make sure they send a copy of the I-140 RFE. In Virginia, I am required by law to allow equal access to both the employer and the employee. &nbsp;So, if there is an RFE, by ethical obligation, I am required to give a copy to the employee as well. &nbsp;I am not sure if the Bar would frown upon redacting certain portions that might be very specific to the employer’s tax history, etc. &nbsp;But normally, we need to give you enough information so that you can protect yourself, so that should be the ethical obligation for all lawyers. &nbsp;Therefore, you should be able to get some information if there is an I-140 revocation notice or intent to revoke issued by USCIS. &nbsp;The problem is, if the I-140 gets revoked for fraud, everything goes away--your right to carry forward your priority date, your right to get an &nbsp;H-1 extension, &nbsp;your right to do an AC21 successfully--all of that goes away. &nbsp;However, if the employer is willing to appeal, then while the appeal is pending, you can go ahead and keep getting your H-1 extensions.</p><p><span>Does it matter where you are shifting using AC21?</span></p><p>&nbsp;</p><p>&nbsp;</p><p>If this is a question related to geographical location, it does not.</p><p><span>Does a full time contracting offer matter?</span></p><p>You should not have a 1099. &nbsp;You should be on a W2.</p><p>Of course, there is a language in the Yates Memorandum of May 2005, which is the only definitive memo on AC21, which talks about doing an AC21 transfer over to a company you yourself own, but there’s a whole slew of issues connected with that. &nbsp;Actually, I think I have a lot of information on my blogs on this.</p><p>&nbsp;</p><p>Does a big or a small company matter?</p><p>&nbsp;</p><p>In my view, it does not matter. &nbsp;Not for AC21 purposes.</p><p>&nbsp;</p><p><span>I want to add that there was a case recently from a federal court—I have the name of the case in my records-- where the court was quite offended by USCIS coming back after several years and revoking an I-140 that had already been approved. &nbsp;I think there are some really tricky legal problems with USCIS revoking cases that have long been settled. &nbsp;Be that as it may, all I can do is sensitize you to the issues and concerns.&nbsp;</span></p><p>&nbsp;</p><p>Feel free to bring up whatever you have in our next free community conference call. &nbsp;Information about our free community conference calls is on the immigration.com website.</p><p>&nbsp;</p><p><span>Good talking with all of you. &nbsp;Good luck.</span></p>Fri, 13 Jul 2012 14:53:37 -0300Podcasts and Videohttp://youtube.com/v/2bPopR2ZdyYhttp://img.youtube.com/vi/2bPopR2ZdyY/0.jpgFraud Allegations Under Immigration law<p>Fraud Allegations in Immigration Law</p><p>&nbsp;</p><p>Recorded on 12th July 2012.</p><p>&nbsp;</p><p>I wanted to talk to you folks today about an issue that has become problematic in the last four or five years - fraud or misrepresentation. &nbsp;Very often, I see that the government very casually throws in an implication that you have committed a misrepresentation. Actually, they will come out and say that we find misrepresentation. &nbsp;You will think that this is a normal, ordinary thing, and you might ignore it. &nbsp;I have seen people get into so much trouble with that fraud or misrepresentation finding. &nbsp;Let me talk to you about what can happen with that.</p><p>&nbsp;</p><p>First of all, a fraud or misrepresentation finding can lead to criminal prosecution. &nbsp;You can be prosecuted criminally, if the government so chooses. &nbsp;I have seen companies being prosecuted for amazingly trivial things. I have seen government start with a 43 count indictment of a company and then walk away with “Failure to report change of address” or something so trivial that it makes you wonder why did the government spends three, four, or five million dollars on &nbsp;the &nbsp;prosecution of these kind of cases. &nbsp;We have provided advice and help to various defense teams all over the country in criminal defense of these kind of cases. &nbsp;My bottom line approach in these cases is, you’ve got to be extremely careful the moment you see any implication or finding of fraud or misrepresentation. &nbsp;Speak with counsel or speak with somebody who knows all sides of this picture. &nbsp;Unfortunately what happens is, if you are only concerned with benefits like an H-1 or an F-1 or an L-1, you probably won’t pay too much attention to ancillary findings other than the fact it has been denied.</p><p>&nbsp;</p><p>Let us talk about what can happen if there is a fraud or misrepresentation finding a little bit more in detail. &nbsp;The worst thing that can happen is a criminal prosecution. You can go to prison over this, make no mistake, if there is in fact a finding that was not rebutted and then there was a subsequent investigation and more evidence was collected. &nbsp;I will give you this--criminal prosecution and conviction are not as easy as just throwing out a finding and it is surprising how easily USCIS and other agencies toss around that finding, “Oh, this is misrepresentation.” &nbsp;The moment I see that word, I know it is a buzzword for us to go all out for this issue and make sure that the government has it on the record what our side of story is.</p><p>&nbsp;</p><p>So, criminal prosecution is not easy but it can happen. &nbsp;Be careful. &nbsp;Deportation, removal, exclusion. &nbsp;What does that mean? &nbsp;If &nbsp;you are in USA &nbsp;on a visa, F-1 , B-1 , H-1 , L-1 &nbsp;any visa, and they find that there is some fraud or misrepresentation in your past or present, the government can initiate deportation, more accurately, removal from USA, and &nbsp;you can then &nbsp;be barred from coming back to USA for up to permanently . &nbsp;And I am saying that again so that you folks understand. Any attempt to procure a visa or immigration benefit, note that “attempt.” &nbsp;You do not have to have been successful. &nbsp;Even in an attempt could lead to a permanent bar from entering USA.</p><p>&nbsp;</p><p>&nbsp;As I recall, there is only one waiver available based upon a family member--immediate family member-- who is a US citizen or permanent resident, but then you have to convince the USCIS that you should be given that waiver and there is extreme and exceptional hardship on your relative. &nbsp;I recall that is the waiver that is available for these things .Third thing that can happen is denial of sought benefit now or in the future. &nbsp;So think about this very carefully. &nbsp;You applied for an H-1. For some reason, they said, “Oh, your degrees are fraudulent,” and I have seen these kind of cases .They thought that the degrees were fraudulent merely because there was no confirmation of certain kinds of things. &nbsp;For example, you just gave your transcripts. &nbsp;You did not give your final diploma, and USCIS, after doing some cursory checks, decided that you had not been able to prove your case. &nbsp;Instead of merely saying that you have not been able to prove your case, they will throw in something very casually saying, “Oh, this is misrepresentation.”</p><p>&nbsp;</p><p>Next thing is, you get stuck when you apply for an H-1 again. &nbsp;They will pull up the record, and they will say you have a misrepresentation and we cannot give you the benefit. &nbsp;So, in the future, this can come back and haunt you. &nbsp;Next thing that can happen is, if there is any misrepresentation finding, let’s say you applied for an H1 transfer and they found fraud they can revoke whatever they have given you. &nbsp;Now remember that when I say that they find fraud, they do not even, this is very sad, but they will just throw in the finding without considering, and I have seen too many cases like this. &nbsp;It is awful for the government, and I do not think government. Let me rephrase that. I do not think any government officer individually is IQ challenged, but I think, as an organization, the moment we get into a bureaucracy, we are dealing with very unintelligent bureaucracy. &nbsp;Without considering the consequences of what they are doing, they will throw in a finding of misrepresentation. So your benefits can be revoked, and as I said earlier, you can get a permanent bar from entering USA.</p><p>&nbsp;</p><p>So the next question is “When does this come up?” Normally, when a fraud or a misrepresentation finding is made, typically, where do they make this finding, they can do it at the consulate during visa application. &nbsp;I talked with some individuals yesterday, such an easy case and because of a misunderstanding, it’s become a complete problem. &nbsp;What was the case? Boy and girl meet, they get married. According to South Indian ceremonies, I do not want to say the exact state, but South Indian ceremonies, and the marriage occurs in a temple. &nbsp;According to the law of the state where the marriage was entered into, until the marriage is registered, it is not valid. &nbsp;However, when the lady goes for a K-1 interview (K-1 is for fiancées; if you are married you cannot get a K-1), the consul officer grilled her quite thoroughly and decided that she was lying and that she was already married. &nbsp;Next thing, they put a permanent bar on her. &nbsp;Now she is under permanent bar. The husband is scrounging around, trying to get some way of getting her back in. &nbsp;Of course, she will make it back in this particular circumstance, because there is a bunch of factors that go in her favor, but this is a tough case. &nbsp;And normally, US citizen spouses, actually, unless there is a unique case, I usually tell people do not even hire a lawyer. &nbsp;Is this is ethically okay? &nbsp;I think it is. In my judgment, certain cases don’t need a lawyer. &nbsp;Typically, spouse of a US citizen is such a plain and easy case. &nbsp;But look at this example and how badly this got messed up. &nbsp;So now, during a visa application, you’ve got a bar.</p><p>&nbsp;</p><p>What other circumstances? &nbsp;Remember the Tri Valley University? &nbsp; A lot of you might remember that. &nbsp;There were some misrepresentation implications for certain groups of people, not everybody. &nbsp;They had a lot of problems getting visa stamping again from the consulate. &nbsp;Second place where it can happen is at the airport. &nbsp;When you land at the airport, the CBP (Custom and Border Protection) can haul you up there. &nbsp;I have seen cases where somebody said, “Oh, I am coming in for a visit” and the CBP officer went through the luggage of the individual, and they found letters showing that they were meeting up with some potential employers or they were applying to schools. &nbsp;Immediately, there is a fraud implication and the next thing is two things can happen. &nbsp;If they want to be kind, they will let you withdraw your application &nbsp;for admission and tell you to take the next flight back home without &nbsp;coming into USA .If they want to throw the book at you, they can ... actually there is a third possibility. &nbsp;Second is if they levy an exclusion on you, which basically means, we are formally denying you entry into the United States. &nbsp;Now you are barred for five years from coming back. &nbsp;But to throw the book at you, they would deny your entry based upon misrepresentation. &nbsp;Now you have a permanent bar. &nbsp;So these are not simple matters, ladies and gentlemen. &nbsp;They can be quite complex. &nbsp;Please make sure you have competent help if you see any implications or fraud or any chance of fraud in your application.</p><p>&nbsp;</p><p>&nbsp;Then the next thing is you can have a fraud or misrepresentation come up during benefits application. &nbsp;In H-1, hiring without a project, the government now considers that to be a fraud. &nbsp; I do not know how at what point of time hiring somebody without a project became a matter of a fraud. &nbsp;I still think the jurisprudence-- the law in this area--is very poorly developed and poorly managed. &nbsp;But who wants to take a chance for the &nbsp; criminal court? Who wants to go in and spend 800,000 dollars, a million dollars, defending yourself if the government wants to take the stand that this is fraud? So do not hire somebody without a project, employers. &nbsp;That is now considered to be a fraud. &nbsp;I have seen indictments that said that specifically.</p><p>&nbsp;</p><p>Inaccurate Job duties. &nbsp;An H-1 employee is supposed to be a System Administrator, but they are working as a Software Engineer, developing but not doing any administration. &nbsp;That can be a problem. &nbsp;Why? &nbsp;It can be a problem in depressing wages. &nbsp;System Administrators are typically, though it could be other way around, paid differently that a Software Engineer. &nbsp;Actually, if you hire somebody at a lower wage and make do to a higher paid job, that is a problem obviously. &nbsp;I have seen failure to post LCAs at client sites. &nbsp;If you have employees working at end client sites, I have seen the government try to make a fraud case out of that, because, partly, I think it is justified. &nbsp;There is something that we have to look at very carefully, because they can say, “Look when you signed the LCA. &nbsp;You made a representation to the government, ‘ I have posted this application at the end client site.’” That gets quite complicated. So this was H-1. &nbsp;There are many examples &nbsp;I could sit here and talk about for hours. &nbsp;But I just want to give you kind of a flavor of when these things happen and crop up.</p><p>&nbsp;</p><p>Green cards. &nbsp;I remember a very weird case where, when filing the green card application (the perm application), the employer, who is a fairly good-sized company, signed the application without reading it through. &nbsp;The 9089 was prepared by lawyers and it was not mentioned that the employee is related to the company president. It was his brother. The next thing is, USCIS denied the I-140, and, on top of that, they said this is misrepresentation, and we are also revoking the labor certification. &nbsp;When I gave a consultation on the case, I immediately moved in and took certain steps, and I will get to that when I come to the next topic, which is what should you do. &nbsp;But the point is, government’s contention was that in looking at the ETA 9089 perm application, it says, “I have read this application.” &nbsp;It specifically says that. &nbsp;So if you are signing that as an employer or even an employee, you better read and make sure all the material information in there is correct. &nbsp;I have seen this issue come up a lot during Adjustment of Status. &nbsp;Where do they come up the most? &nbsp;Well, mostly lately, it has come up when government says, “Look, you are on H1 and you are authorized to work for an area in California, but you worked in Chicago.” &nbsp;Here is the employee who is stuck with the fact that they cannot do anything about where the LCA was filed by the employer, but now they have got a fraud implication on their record. &nbsp;Well, we deal with it, we make matters clear. &nbsp;We explain the law to the government. But it is still quite hasslesome and bothersome to be in that situation. &nbsp;Anyhow, go ahead and be careful and watch those whenever you see fraud or misrepresentation come up, just make sure it has been taken care of and properly addressed.</p><p>&nbsp;</p><p>When else during Adjustment of Status? &nbsp;G-325-A. &nbsp;When you file the G-325-A, which is the biographical statement, government can take--I have a case actually, in which the employee neglected to mention two or three jobs that they had done illegally. &nbsp;It was definitely an oversight, no question about that, because he disclosed other things. &nbsp;And if he were going to try to deceive the government, he would have done a lot more than merely omit those two jobs. &nbsp;So that became a big problem. &nbsp;They are trying to bar him permanently. &nbsp;We have a MTR (Motion to Rehear) pending against that. &nbsp;During naturalization, there is an interesting case--interesting for me, but sad for the people who are involved. &nbsp;A gentleman ran a company—again, a relatively good-sized company--and somewhere about six or seven years ago, they had submitted a letter from an end client in support of an H1, which the government considered to be fraudulent. &nbsp;They said they could not verify the letter, and they made, I do not remember if they made an express finding a fraud. &nbsp;But they did say that they were not able to verify, so there is doubt as to the veracity of the document. &nbsp;Doubt as to the veracity. &nbsp;Okay, that does not alert you. &nbsp; You do not think, “Well, they are not saying they find fraud, but that is what they are saying. &nbsp;Okay, six or seven years later, they have a lot of approvals for their H-1 &nbsp;after that green card with no problem. &nbsp;Employees have been doing fine, and the issue never came up. &nbsp;This gentleman applies for naturalization. &nbsp;Guess what? &nbsp;Barred from naturalization. &nbsp;The government may go after his green card. &nbsp;Why? &nbsp;There is a fraud. So this issue comes up in naturalization.</p><p>&nbsp;</p><p>It can come up in courts. &nbsp;Sometimes you are there for unrelated proceedings, for example divorce. &nbsp;Next thing is, there is a misrepresentation element or an element of fraud that you have not considered, and you are stuck. &nbsp;The worst case that I have seen come up , which was very unfair and sad is, when an employee on H1 fell out of status for a month or so. &nbsp;Under the law, if you are out of status for even one day, by operation of law, your visa is considered to be cancelled. &nbsp;So the Visa stamp that you have on your passport is cancelled. &nbsp;Very few people know this law. &nbsp;Of course, as they say, ignorance of law is no excuse but when the law is so complex and so difficult to keep track of, who can know when something has been voided or made invalid by operation of law? Nobody can keep track of that. &nbsp;It is something that happens quietly, perniciously in the background. &nbsp;So, when this gentleman applied for Adjustment of Status, his 485, government said, “Your last entry into USA was fraudulent &nbsp;because you used the VISA that was void by operation of law.” &nbsp;I do not think he is going to have much trouble ultimately, but he is definitely being dragged around for misrepresentation. &nbsp;See, I do not mean to imply that the government is always unreasonable, but they can be. &nbsp;Individual officers can be sometimes be very unreasonable and overzealous in what they feel is the right application of the law.&nbsp;</p><p>&nbsp;</p><p>What should you do? &nbsp;Look at the left hand side of the screen. &nbsp;Clarify the record even if you lose the case. You want to make sure your story, your side of the story, is on the record. &nbsp;I do not care if you lose the case. &nbsp;So what did we do in that? Remember I talked about the president who signed the 9089 not realizing that he had signed saying that they were not related to each other, the beneficiary and he were brothers. &nbsp;So what we did was, we immediately filed an appeal, and the appeal got dismissed, but we told our entire story. &nbsp;We explained what happened. &nbsp;We went through the entire document trail. &nbsp;We submitted documents and I think even though the company may not realize it, by doing that, they have now put their own story on the record. &nbsp;So tomorrow, if this issue ever comes up, whoever at USCIS is reviewing his case, they can see both sides of the picture before they deny any future benefits like naturalization. &nbsp;Now we have both sides of the stories there. Appeal it, file a motion to reopen, even file a lawsuit. &nbsp;All of these things you can do.</p><p>&nbsp;</p><p>And what else can you do? If nothing else, send out a letter. &nbsp;Make it clear what the record was. &nbsp;I believe that should at least provide you a modicum of good defense .Good luck, folks, and it is good talking with you. &nbsp;I think I want to do a video next time about these I-140 revocations. I am seeing I-140 revocations coming up after 8-10 years of having been approved. &nbsp;Highly unfair. &nbsp;Let me get into that next time. &nbsp;Good talking with you.</p>Thu, 12 Jul 2012 14:12:10 -0300Podcasts and Videohttp://youtube.com/v/oIv2pWsAJjghttp://img.youtube.com/vi/oIv2pWsAJjg/0.jpgVisa denial based upon immigrant intent, Section 214(b) of Immigration and Nationality Act<p>Substantial transcription:&nbsp;</p><p>7th July 2012 at 05:16 PM</p><p>9.59 Minutes</p><p>What do we do when our visa gets denied under section 214(b) of the Immigration and Nationality Act? &nbsp; Basically, this means that if the consulate doesn’t believe you are going to come back, they deny the visa, saying that you have an immigrant intent which you have not been able to rebut. &nbsp; So the idea is whenever somebody goes for a visa stamping, they actually are presumed to have immigrant intent unless they prove otherwise. &nbsp; Of all the visas A, B, C, D, E, F, G, H all the way to V, some visas are immune to this problem.</p><p>What are the visas that are immune?</p><p>H-1 as well as H-4, L-1 as well as L-2, and O-1 and O-1 derivative visas are immune by law almost. &nbsp;H and L are clearly immune by law and O by implication. &nbsp;With these visas, if you have a green card going, the consulate is not going to deny your visa for that reason.</p><p><span>On the other hand, there are notorious visas that are very susceptible to this problem:</span></p><p><span>B-1, B-2, F-1 as well as F-2 (which are for students), and J-1 as well as J-2 are susceptible. &nbsp;A lot of physicians on J-1’s have had a visa denial on 214(b).</span></p><p>TN visa holders strictly not going for visa stamping but can be stopped at the border if their green card has been filed. &nbsp;So bear in mind that when TN holders apply for a green card, they should be careful about this particular factor.</p><p><span>The biggest problem with 214(b) is it is extremely difficult to fight it. &nbsp;I have recently taken a case in which an F visa was denied on 214(b), and I think we have a fighting chance because the visa applicant has come to the U.S. many times and she has left within her time permitted. &nbsp;So she’s been a frequent traveler on a B visa. &nbsp;Her F visa denial is extremely unjustified, in my opinion.</span></p><p><span>Let me just very quickly go through the visa alphabets.</span></p><p>A visa (diplomats) will have no problem. &nbsp;They have no issues of a green card being denied.</p><p>B visa will have a problem.</p><p>C, D, and E visas will usually not have a problem.</p><p>The only thing you have to establish for E-3, especially for Australians (E-3 is kind of equivalent of H-1), is that you do have an intention to come back but not to the same degree. &nbsp; In other words, if you have a home in Australia, the degree of proof is not very high so it is very easy to meet that degree of proof.</p><p>G visa is ok.</p><p>H visa is ok.</p><p>By the way, H-2B visas can have a major problem with immigrant intent. &nbsp;These are people who are coming to U.S. for to perform skilled labor.</p><p>I, which is international journalists/media representatives, may or may not be ok.</p><p>J visa will definitely be a problem.</p><p>K -1 and K-3 are no problem because they are fiancés or spouses of U.S. citizens and are obviously meant to go into green card.</p><p>L visa is no problem.</p><p>M, which is folks who are doing vocational training, can have this problem.</p><p>P visa (performers, athletes, etc.) can have a problem but usually won’t.</p><p>Q visa (exchange visitors) can have a problem.</p><p><span>R visa usually won’t.</span></p><p>&nbsp;S, T, and U visas won’t usually have a problem because they are done within the USA and are usually either victims of crime or people who are assisting in criminal investigations.</p><p><span>So what do you do if you get a 214(b) denial?</span></p><p>Normally there isn’t much we can do but, if you have been to USA before or else there is something unique in your case, we can ask the consulate to reconsider and if they are not willing and able, then we can ask the visa office in Washington, D.C. to intervene. &nbsp;You can also contact your family or employer in the U.S. to contact the local Congressmen to seek their intervention. &nbsp;This typically is not helpful but you can try. &nbsp;If anybody from the bar or a lawyer tells you he or she can fix it, be mindful because they may not be able to. &nbsp;Especially be careful when you talk with lawyers in your own country. &nbsp;This makes me very nervous because we have had some cases where local lawyers in other countries did some strange stuff. &nbsp;They had some hook ups with consulates and ultimately got caught.</p><p>The biggest problem is with fraud or misrepresentation. &nbsp;If you make a misrepresentation in attempting to get any immigration benefit, you can be barred from entering USA forever.</p><p><span>Going back to 214(b) denials, you can ask the consulate to reconsider. &nbsp;Reapply if you have a case that begs for a special consideration, like you’ve been to the U.S. many times. &nbsp;For example, one of my friends asked me that, if his girlfriend is refused a B visa, is it okay to bring the lady in on a K-1 (fiancé visa)? &nbsp;My take is do not use the fiancé visa in lieu of B-1 or B-2 visa, because if you do not have the intention to get married, the government can consider it to be fraud. &nbsp;So make sure you want to get married within 90 days after they enter the U.S.</span></p><p><span>One more point -- there is a legal fiction created in U.S. immigration law about ties to your home country that says you can overcome 214(b) denial if you have ties to your home country. &nbsp;That in my mind is a legal fiction. &nbsp;To demonstrate ties is very difficult. &nbsp;Of course, if you have family in your home country, that’s a good example of ties but to say you have property, but property can be sold, so I don’t think that’s really ties. &nbsp;Having business is also not really a tie as a business can be sold. &nbsp;Hence demonstrating ties to your home country is usually a difficult thing to do.</span></p><p><span>This issue has come up several times recently. &nbsp;Feel free to ask me specific questions on the website, in a forum, or on a community conference call.</span></p>Sat, 07 Jul 2012 18:05:07 -0300Podcasts and Videohttp://youtube.com/v/TBKylUqj5zghttp://img.youtube.com/vi/TBKylUqj5zg/0.jpgCommunity Conference Call 2012, July 5Thu, 05 Jul 2012 19:59:52 -0300Podcasts and Videohttp://youtube.com/v/EryehsbTX54http://img.youtube.com/vi/EryehsbTX54/0.jpgCommunity Conference Call 2012, June 21 Fri, 22 Jun 2012 12:46:25 -0300Podcasts and Videohttp://youtube.com/v/UiUZyfeoAcUhttp://img.youtube.com/vi/UiUZyfeoAcU/0.jpgDeferred action for the &quot;dreamers&quot; - youthful illegal aliens<p>Deferred Action for the "Dreamers" -- Youthful Illegal Aliens</p><p>17th June 2012 at 07:20 PM</p><p>I have received a lot of questions from people on the new policy announced by the White House on 15 June, 2012, what they refer to as “Reform for the Dreamers.” Essentially, what is being addressed is those people who are below the age of 30, came into the US before they were 16, and have been here for five years. &nbsp;So the idea is the people who are illegally here and were here at a relatively young age, we want to protect.</p><p>And the policy as announced by the President is motivated by the fact that these folks have come here, they’ve studied hard, they’ve worked hard, and they came not because they wanted to come, but because they came as a child, and they had no control over where they were.</p><p>Let me make one thing very clear at the outset. &nbsp;This program does nothing for people who are legal residents or immigrants or temporary residents of the United States. &nbsp;It does nothing if you are legally in the USA and your children are here legally in the USA, it does nothing for you. &nbsp;Stop listening if that's what you are interested in. &nbsp;But if you want to know more about the law and how it is shaping up, I will tell you more as best as I can based upon our knowledge as it exists today.</p><p>So the idea here was that you want to protect those people who came here without their own volition, without their own desire. &nbsp;They are here because their parents are here. &nbsp;And the President said that he wanted to step in and take care of these folks because this is not a new effort. &nbsp;It was started as early as six years ago. &nbsp;I know it because we were very actively involved at one point in this process as well.</p><p>The President talks about six years ago, the unlikely trio John McCain, Ted Kennedy, and President Bush had come together to champion this so called “Dream Act,” but, unfortunately, according to the President, the Republicans blocked it in the Senate. &nbsp;So the idea here is that the President wanted to step in and do whatever he could without involvement of Congress. &nbsp;So remember, Congress passes laws, whereas the Executive Branch of government, which is the President and all the agencies underneath the President, including DHS, USCIS, etc., all of them implement and execute the laws. &nbsp;When you are implementing something or executing something, remember that your authority is limited. &nbsp;You cannot create new rights. &nbsp;You cannot create more laws. &nbsp;Because of that, the President made it clear and USCIS made it clear that we are not creating any permanent entitlement.</p><p>What we are going to do is this: &nbsp;if you meet the criteria, we will give you temporary residence in USA for two years. &nbsp;It carries no other rights except the right to work. &nbsp;The details would be implemented within 60 days, so let me get to that document. &nbsp;This is probably the most informative document to date. &nbsp;These are the Frequently Asked Questions that the government has put out.</p><p>The duration of the deferred action is for a period of two years, subject to renewal.</p><p>What does deferred action basically mean? &nbsp;It means, “We will not deport you, we will not remove you, and we will not send you outside USA.” &nbsp;That does not create any new rights. &nbsp;It does not make you a permanent resident. &nbsp;It does not make you even a legal non-immigrant, like an H-4 or E-2 visa holder. &nbsp;It does not give you anything substantive. &nbsp;It basically gives you the right not to be deported until government changes its mind, and they can change their mind right away. &nbsp;There is nothing in law that says they cannot change their mind. &nbsp;The use of prosecutorial discretion confers no substantive right.</p><p>It does not make you legal in the USA. &nbsp;They want to begin implementing the process within sixty days of June 15, and the rights are available immediately, but they will start orderly implementation within 60 days.</p><p>Then they talk about who is eligible. &nbsp;The individual must have come to the USA under the age of sixteen; must have been here five years before the date of this memorandum (which is June 15th, 2012); must currently be in school or have graduated from high school or have obtained a general education development certificate (GED) or be an honorably discharged veteran of the Coast Guard or Armed Forces of the US; and must have not been convicted of felony offense. &nbsp;No felony. &nbsp;If there is even one felony, you can't qualify for this. &nbsp;Also, you can’t be convicted of a significant misdemeanor offense, and they define what significant misdemeanor offense means. &nbsp;Also, you can’t be convicted of multiple misdemeanor offenses or otherwise pose a threat to national security or public safety. &nbsp;So if you have a criminal background or have a history of being a threat to national or public safety, you will have a problem. &nbsp;And you must not be above the age of thirty.</p><p>Then they talk about what is deferred action. &nbsp;They define it. &nbsp;It basically means, “We will not send you out.” &nbsp;It does not mean whatever unlawful presence you have already accrued gets washed away. &nbsp;What does that mean? &nbsp;In a very basic manner, once your I-94 expires or you enter US without inspection, if you come through the border without being inspected in other words (for example, a coyote brought you to USA), the fact that you are getting deferred action now does not mean all your past problems are washed away. &nbsp;So be very careful. &nbsp;Do not think that, because unlawful presence of one year will bar you from getting any kind of status in USA for ten years unless you qualify for a very narrowly tailored waiver. &nbsp;It is very difficult to get a waiver on something like that. &nbsp;Just because you are getting a differed action now does not mean that all the past “sins” and infractions have been washed away. &nbsp;They are still there. &nbsp;Those violations are not going to go away.</p><p>You will receive employment authorization and remember that deferred action can be terminated anytime. &nbsp;Then they talk about how they are going to implement them. &nbsp;Individuals who are not in removal proceedings (meaning you are in the immigration court right now), some people who are in removal proceedings will be treated differently. &nbsp;One classification is individuals who are not in removal proceedings or who have already been ordered to be removed (meaning their proceedings are over and the judge has said, “Okay. &nbsp;You need to be removed. &nbsp;You need to be sent away.”) &nbsp;Those people will be treated little bit differently. &nbsp;Individuals who are still in proceedings will be treated differently. &nbsp;So they have these various methodologies that they are going to come out with. &nbsp;We still do not know all the details yet, but they will be treating these people differently, but all of these folks will have the right to get their work authorization and deferred action as long as they meet those four to five criteria that I have mentioned earlier.</p><p>Another thing that the government mentioned was that the people who they have already identified, they are automatically giving them deferred action without having to apply. &nbsp;So basically the government is acting upon its own accord. &nbsp;There is a lot of information in this Frequently Asked Questions document. &nbsp;I will attach that document to this little conversation that I have here.</p><p>Then they talk about what kind of documentation you need to show that you came to USA before the age of 16, that you have resided here for five years, and that you were physically present in the US as of June 15, 2012. &nbsp;They said provide us financial records, medical records, school records, employment records, military records, but that is not the only thing. &nbsp;You can give anything that you think tends to prove your presence in the USA that will help you.</p><p>So now this where they talk about what they consider a significant misdemeanor offense. &nbsp;First of all, a felony is anything that is punishable by more than one year in prison, according to this definition. &nbsp;So anything that is punishable by more than one year in prison, if you have been convicted of that, you do not qualify. &nbsp;You also can’t have a significant misdemeanor and they define it here. &nbsp;A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment and, even if no imprisonment-- that is the key point-- even if there is no imprisonment-- but involves violence, threat, assault, domestic violence, sexual abuse or exploitation, burglary, larceny, fraud, driving under the influence of alcohol or drugs, obstruction of justice, bribery, or unlawful flight.</p><p>So there is a whole list of things that, if you have been convicted of, even if they were a misdemeanor, you will not qualify. &nbsp;And if you have three misdemeanors, you will not qualify at all. &nbsp; And they talk about what threat to public safety is. &nbsp;It is, for example, gang membership, participation in criminal activities, or participation in activities that threaten the Unites States.&nbsp;</p><p>What if my case is not approved? &nbsp;Can I ask for an appeal? &nbsp;The answer is no. &nbsp;You cannot get an appeal, but they will set up a public procedure where you can ask the supervisor of the case officer who decided your case to look at the case again and decide.</p><p>Do my dependents or immediate relatives get benefit? &nbsp;No. &nbsp;This is only for you, the person who qualifies. &nbsp;</p><p>Can I travel outside United States? &nbsp;The answer is, “We have not decided that yet.” &nbsp;I will be very careful with that, because, if you are subject to unlawful presence and you have been here over a year under unlawful presence, travel outside USA could bar you for ten years.</p><p>I hope this gives you some information on what you need to do and what this is all about. &nbsp;Feel free to post a message here if something is not clear.</p><p>&nbsp;</p><p>&nbsp;</p><p>Good luck, folks.</p>Wed, 20 Jun 2012 17:16:46 -0300Podcasts and Videohttp://youtube.com/v/R4NTOzpOY3chttp://img.youtube.com/vi/R4NTOzpOY3c/0.jpgOptions after H-1 Quota is Over<p>Hello, everyone. &nbsp;This is Rajiv S. Khanna for the Law Offices of Rajiv S. Khanna, P.C, immigration.com. &nbsp;We are discussing with some of our clients the issue of what to do now that the H-1 quota has expired. &nbsp;What are my options?</p><p>&nbsp;</p><p>Well we can look at the options two ways or three ways. &nbsp;Actually, there are several variables.</p><p>&nbsp;</p><p>Variable one: &nbsp;Can I continue to work? &nbsp;The answer is yes, if you have the STEM extension option. &nbsp;In this case, we are working towards 17 months of the STEM extension anyway.</p><p>&nbsp;</p><p>What is the STEM extension?</p><p>&nbsp;</p><p>Some people who are F-1 OPT can get further 17 months of OPT if they are in the discipline of Science, Technology, Engineering or Mathematics (STEM). &nbsp;Any one of these disciplines, if you are in STEM, you can get a further 17-month extension. &nbsp;</p><p>&nbsp;</p><p>So can you continue to work? &nbsp;One way is STEM extension. &nbsp;If that is not an option, some people go back to school and they get something called CPT (Curricular Practical Training). &nbsp;That is an option that I don’t advise. &nbsp;Why? &nbsp;Because this option has come under the gun. &nbsp;USCIS has become very suspicious of it because the regulations say, if somebody wants to get a CPT by going back to school in the first semester itself, then the curricular practical training, the CPT, must be integrally related to the education. &nbsp;In other words, you cannot really get a good education without that CPT and because of the “misuse” or the perceived misuse that government sees, they have come down hard upon universities that have been giving CPTs too liberally. &nbsp;So CPT has become a suspect option, unless you are going to join a university that is well-recognized, a good university, or a good school that is fully accredited. &nbsp;And I actually have a video on our website, our blog, on how to see if the school is accredited. &nbsp;(http://www.immigration.com/media/eb2-green-card/accreditation-distance-education-eb-2)</p><p>&nbsp;</p><p>So 17-month STEM extension, CPT not recommended, but possible. &nbsp;You can, of course, go back to school and stay until you are ready to file for the H-1 again. &nbsp;If you have an option, for example, if your spouse is on H-1, you can convert to H-4, or L-2 if your spouse is on L-1. &nbsp;That would be another option. &nbsp;One option is to go back to your home country if the work can be outsourced to you. &nbsp;It is perfectly legal for you to work for your employer from your home country and they can pay you either as an independent contractor or on a project basis or even as an employee. &nbsp;You can work out the details with your CPAs, but that is certainly a possibility.</p><p>&nbsp;</p><p>Now the last option that I see is there is a very fine distinction between what jobs are quota and what jobs are quota-exempt. &nbsp;The interesting thing is the way that the government looks at it is even though the employer is a quota employer, but if the job is quota-exempt, you are not subject to the quota. &nbsp;Let’s take an example of a quota-exempt job. &nbsp;If you are working for a university in a research position or any academic position, you are quota-exempt. &nbsp;But what if your employer places you to work in a university research facility? &nbsp;Because the job is quota-exempt, that H-1 will be quota-exempt, even though your employer is a quota employer. &nbsp;So look for a job that is quota-exempt. &nbsp;That’s another possibility.</p><p>&nbsp;</p><p>Those are the options as I see them.</p><p>&nbsp;</p><p>Question--How do they go about applying for a STEM extension?</p><p>&nbsp;</p><p>The way it works is the company that you are working for has to agree to be e-verify compliant. &nbsp;That means they open an account with the government office for being an e-verify company. &nbsp;You sign a bunch of contracts with them and you say every person that we hire, we will run them through the e-verify program, which is basically a way of ensuring that they have proper authorization to work in the US. &nbsp;For larger companies, I would probably be reluctant to go e-verify, especially if you are a multi side company that has its own problems, so we need to assess that very carefully. &nbsp;For smaller companies and one-side companies, it’s much easier to go through e-verify. &nbsp;It’s not a problem. &nbsp;E-verify basically involves agreeing to go through verification of every employee you hire from now on. &nbsp;You have put them on the e-verify database.&nbsp;</p><p>&nbsp;</p><p>To get the STEM extension, they don’t have to go back to school. &nbsp;They notify the school office, and the school issues new paperwork based on their existing paperwork. &nbsp;They don’t have to go back to school.</p><p>&nbsp;</p><p>If you already have your STEM extension, after that expires, you could take classes for CPT, work from your home country, try to convert to a spousal visa, find a quota-exempt job, or wait for next year’s quota.</p><p>&nbsp;</p><p>One more question that people have asked me. &nbsp;Is it okay for me to volunteer? &nbsp;What if I want to work, but I don’t want to get paid for it? &nbsp;I don’t want to lose all this experience that I have.</p><p>&nbsp;</p><p>The answer is that that’s risky. &nbsp;However, the way it works is, if the person volunteers, let’s assume they’re on H-4. &nbsp;They work, but they neither expect to be paid nor do they have any benefits coming to them. &nbsp;Health insurance, for example. &nbsp;Then, it’s okay to volunteer.</p>Tue, 19 Jun 2012 15:34:54 -0300Podcasts and Videohttp://youtube.com/v/xWCYQmN4EAkhttp://img.youtube.com/vi/xWCYQmN4EAk/0.jpgCan You Do Business in USA on your current Visa? <p>Can You Do Business In the USA on Your Current Visa?</p><p>&nbsp;</p><p>Hello, everyone. &nbsp;This is Rajiv S. Khanna for the Law Offices of Rajiv S. Khanna, P.C, immigration.com.&nbsp;</p><p>&nbsp;</p><p>You can post comments and questions on immigration.com. &nbsp;I usually respond within three or four days, sometimes a week. &nbsp;I’m going to answer one of the questions someone asked us on immigration.com.&nbsp;</p><p>&nbsp;</p><p>Can I start a business on an H-1 visa?</p><p>&nbsp;</p><p>The bottom line is yes, as long as you are in a situation where, even though you are working for your own company, somebody in the company can file. &nbsp;It must be a true employer/employee relationship. &nbsp;How does that work? &nbsp;What if you have a board of directors or if you have a CEO to whom you report, even though you are a stockholder or maybe even you even have majority of stock in the company, but somebody in the company can file, you’re okay. &nbsp;USCIS has indicated that is their present stance. &nbsp;You must have an employer/employee relationship if you want to be able to start your own business on H-1.</p><p>&nbsp;</p><p>In addition to that, remember H-1 is for a specific employer. &nbsp;So if you want to have a concurrent employment with your own company or you want to change companies and go over full time to your own company, you can do that, but you have to process a H-1, either a concurrent H-1 or a successive H-1. &nbsp;One of the things you need to remember is, if you own majority stock in the company, or if you have influence over the management of the company, it will be very difficult if not impossible for you to do a Green Card through PERM through your own company.</p><p>&nbsp;</p><p>Where does that leave us? &nbsp;There’s a whole history behind this H-1. &nbsp;I won’t go through the history. &nbsp;USCIS has gone up and down. &nbsp;“You can do it.” &nbsp;“You cannot do it.” &nbsp;There is a whole history behind this. &nbsp;But the bottom line today is, you can do it, but it definitely requires some in-depth consulting with a lawyer. &nbsp;Make sure you are not getting into a situation which is going to hurt your stance.</p><p>&nbsp;</p><p>Here is another question I get asked.&nbsp;</p><p>&nbsp;</p><p>I have an EAD through 485. &nbsp;Can I now start my business?</p><p>&nbsp;</p><p>Sure. &nbsp;On the side, you can, as long as you don’t leave your current job. &nbsp;But, remember, you will then no longer be on H-1. &nbsp;You will be on EAD if you start working for your own company.</p><p>&nbsp;</p><p>I actually have a whole list of visas.</p><p>&nbsp;</p><p>Can I do business on E-2?</p><p>&nbsp;</p><p>Yes, of course. &nbsp;E-2 visas, which are treaty investor visas, are meant to do business. &nbsp;E-1, treaty trader, the same thing. &nbsp;But only a few countries in the world have a treaty with the United States to do E-1/E-2 visas, so you have to make sure that the country you come from has that.</p><p>&nbsp;</p><p>If I’m here on a tourist visa or a B-1, which is called a business visa, can I do business?</p><p>&nbsp;</p><p>The answer is, you can negotiate contracts, you can shake hands, and you can even set up a company, but, if you actively participate in business, you are violating the terms of B visa. &nbsp;B-1, which is the business visa, is a misnomer. &nbsp;You start thinking, I have business visa; maybe I can start a business. &nbsp;But you can’t do it on B-1.</p><p>&nbsp;</p><p>Can I start a business on F-1 visa?</p><p>&nbsp;</p><p>Of course not. &nbsp;You are a student.</p><p>&nbsp;</p><p>What if I am on my optional practical training and I have my F-1 EAD?&nbsp;</p><p>&nbsp;</p><p>Maybe, but only for the time you have the EAD. &nbsp;Again, that is something to be explored. &nbsp;Don’t just jump into it. &nbsp;Make sure you understand the ramifications of what you’re doing.</p><p>&nbsp;</p><p>What about on a G visa?</p><p>&nbsp;</p><p>On G-4, of course, the primary applicant of G-4 is engaged in working for a multinational organization such as the World Bank or the IMF. &nbsp;They cannot do business, but what about their dependents? &nbsp;I haven’t looked into it specifically. &nbsp;I suspect that they can, because they do get an EAD and that EAD is not confined to a specific purpose, but I would have to check on that. &nbsp;I’m just speaking off the top of my head. &nbsp;I was primarily answering the H-1 question, but I want to share with you what I know. &nbsp;So, G-4, probably yes.&nbsp;</p><p>&nbsp;</p><p>H-4? &nbsp;Absolutely not.&nbsp;</p><p>&nbsp;</p><p>H-1? &nbsp;As long as you can be fired.&nbsp;</p><p>&nbsp;</p><p>I visa? &nbsp;No.&nbsp;</p><p>&nbsp;</p><p>J-2 visa? &nbsp;Yes, as long as you have an EAD. &nbsp;</p><p>&nbsp;</p><p>K visa? &nbsp;K visas are all work authorized, so, yes, you can do business.&nbsp;</p><p>&nbsp;</p><p>L-1? &nbsp;No, because you’re working for a company. &nbsp;&nbsp;</p><p>&nbsp;</p><p>L-2? &nbsp;Yes, because you get an EAD.&nbsp;</p><p>&nbsp;</p><p>M Visa? &nbsp;No.</p><p>&nbsp;</p><p>I went through the whole gamut, just to give you a rough idea; more so, to sensitize you to who can and who cannot do business.</p><p>&nbsp;</p><p>Thank you for listening.</p>Thu, 07 Jun 2012 14:42:03 -0300Podcasts and Videohttp://youtube.com/v/kjUWLpMp5gAhttp://img.youtube.com/vi/kjUWLpMp5gA/0.jpgRequirements for Naturalization in USA (Forms I-131/N-470)<p><span><span>Hello, everyone. &nbsp;This is Rajiv S. Khanna for immigration.com, the Law Offices of Rajiv S. Khanna, P.C.</span></span></p><p><span><span>I wanted to talk with you folks about requirements for naturalization for people who get their Green Card based upon employment and then have to stay outside USA for a certain period time. &nbsp;Many of the criteria here are common to people who have obtained their Green Card through any other method such as through marriage or through political asylum. &nbsp;Pretty much, it is the same law. &nbsp;But I want to focus primarily on people who have gotten an employment-based Green Card, because those are the inquires I receive the most and I don’t want to miss anything, because N-470 typically does not apply to people in non-employment situations, except for missionaries. &nbsp;I’ll get to that in a second.</span></span></p><p><span><span>So, first of all, let’s look at the requirements for somebody to get naturalized in USA. &nbsp;What are the normal requirements?</span></span></p><p><span>Right here. &nbsp;You must have received your Green Card approval five years ago. &nbsp;Actually, it is a little bit more complicated than that. &nbsp;You can apply 90 days before your 5th year anniversary of Green Card. &nbsp;In case you got your Green Card through marriage, then it is three years, when you are married to a US citizen. &nbsp;After that, you must have stayed in USA for at least 30 months physically. &nbsp;2 ½ years. &nbsp;Half the time. &nbsp;You should not have visited outside USA for a year or more. &nbsp;If you go outside USA for a year, your Green Card is gone. &nbsp;It’s difficult to get it back. &nbsp;Not impossible, but what you will have to do if you end up staying for a year or more outside USA is, you will have to go to the consulate and convince them that you have not abandoned your US permanent residence, your Green Card, and you can do that by a process called SB-1 (Returning Resident Permit). &nbsp;I’m not going to go into that in too much detail, but just to give you an idea. &nbsp;If you are outside USA for one year or more, for naturalization purposes, you have to start your five years all over again, except in the following two circumstances, I-131 and N-470, which are these. &nbsp;I’ll get to that in a second as well.</span></p><p><span><span>So, physical presence of 2 ½ years, no visit outside USA for &nbsp;a year or more, any visit outside USA for six months or more but less than one year, you have to explain. &nbsp;Why were you gone that long? &nbsp;So this is for people who have not filed these special forms called I-131 and N-470. &nbsp;I also want to make a quick note about I-131 and N-470.</span></span></p><p><span><span>What is I-131?</span></span></p><p><span><span>It’s the same form you used for filing for Advanced Parole when you are in need of Advanced Parole during your Adjustment of Status. &nbsp;It’s also the same form used for protecting your Green Card through a process called Reentry Permit. &nbsp;So you use your 1-131 to apply for a Reentry Permit, which is typically given for two years at one go, and you can get that extended, depending on the circumstances. &nbsp;Basically, the I-131 tells the government, “Look. &nbsp;I am not abandoning my permanent residence. &nbsp;I am just going outside temporarily.” &nbsp;Once you file the I-131, things change for naturalization purposes.</span></span></p><p><span>Did you stay outside USA for one year continuously?</span></p><p><span><span>If you did, ordinarily, if you had not filed I-131, you would have to start five years all over again, if you have not lost your Green Card. &nbsp;You could have even lost your Green Card. &nbsp;But, if you had filed your I-131, you don’t lose your Green Card, and you also get a respite of one year. &nbsp;When you come back, you have to establish your US residence for four years and one day instead of five years and apply after you have accumulated physical presence in USA for 2 ½ years. &nbsp;It gives you one year off from those five years. &nbsp;That’s an added advantage of I-131. &nbsp;It protects your Green Card as much as humanly possible. &nbsp;There’s more to it. &nbsp;I would always advise you to talk with a lawyer before you take any steps of going outside USA for an extended period of time. &nbsp;It also shortens the time of five years that you would have to otherwise accumulate for naturalization.</span></span></p><p><span><span>Did you stay outside USA for one year continuously after I-131?</span></span></p><p><span><span>If the answer is no, then these same requirements that apply to normal people will apply to you. &nbsp;Physical presence of 30 months, no visit outside USA for a year or more, six months or more will have to be explained.</span></span></p><p><span>Then comes N-470.</span></p><p><span>N-470 is one of those tricky strange forms. &nbsp;It’s applicable to a certain group of people. &nbsp;I would strongly encourage you to read up on the instructions on N-470. &nbsp;They’re pretty informative.</span></p><p><span><span>The way this works is, if you’re going to work for a US company abroad and, again, I am talking about employment context. &nbsp;There are other reasons N-470 can be filed. &nbsp;Read the instructions. &nbsp;What &nbsp;N-470 does is it allows you to stay outside USA for a year or more and not have a break that will restart your five years all over again. &nbsp;Let me explain. &nbsp;Let’s say I file I-131 and N-470. &nbsp;I do it together. &nbsp;Usually, in most cases, we do both forms together. &nbsp;When you file I-131 and N-470 together, let’s say you stayed outside USA for 1 ½ years. &nbsp;Normally, when you come back, you have to start that five-year period all over again, because you were outside USA for one year or, in case of I-131, you have to start the four year, one day period all over again. &nbsp;But N-470 says, “We forgive your stay outside USA for one year or more for naturalization purposes. &nbsp;We don’t forgive your requirement of 30 months of physical presence.” &nbsp;But it stops the discontinuity that would normally restart the five-year clock or the four year, one day clock after having stayed outside USA for one year. &nbsp;It is a clock-stopping device. &nbsp;It is a very good device. &nbsp;One problem though. &nbsp;N-470 has one strange requirement. &nbsp;You must have at least one year anywhere during your stay in USA as a Green Card holder where you did not travel outside USA for even for one day. &nbsp;Makes no sense to me. &nbsp;I don’t know why it is there, but it’s there. &nbsp;Go figure, but keep that in mind.</span></span></p><p><span><span>I hope this has been informative. &nbsp;I had told one of our posters. &nbsp;Somebody had posted a comment on immigration.com wanting to know more about this. &nbsp;And I told him that I’ll record something, but I’ve had some technical issues. &nbsp;They’re working on our website developing some new material that will make it easier for us to post our videos. &nbsp;I hope to be doing this a lot more, and I’ll continue to do so.</span></span></p><p><span><span>Thank you for being here. &nbsp;I hope to speak with you very soon.</span></span></p>Tue, 05 Jun 2012 15:13:19 -0300Podcasts and Videohttp://youtube.com/v/FXEDHC-YB90http://img.youtube.com/vi/FXEDHC-YB90/0.jpgUsing Advanced Search on Immigration.Com<div class="field field-type-text field-field-alternate-source"><div class="field-items"><div class="field-item odd"><p>You can use&nbsp;<dfn title="Specific information related to our team and this site.">Immigration.Com</dfn>&nbsp;"Advanced Search" feature to locate information more intelligently than just through a "word match," a literal search. &nbsp;Note that we are FOREVER working to get this better and better. &nbsp;So, each time you visit, you may find new items and improvement.</p></div></div></div><div class="field field-type-text field-field-rajiv-comments"><div class="field-items"><div class="field-item odd"><p><strong>Using "Advanced Search" on&nbsp;<dfn title="Specific information related to our team and this site.">Immigration.Com</dfn></strong></p><p>Hello, everyone.&nbsp; This is Rajiv S. Khanna for immigration.com, the Law Offices of Rajiv S. Khanna, P.C.</p><p>I wanted to show you the “Advanced Search” feature on immigration.com.&nbsp; I enjoy it because it does focus your search considerably.&nbsp; We have a lot of information.&nbsp; It can be hard to parse through the information.</p><p>Every day we do something new and try to get better and better and better.&nbsp; I still have a lot of work to do on the website.&nbsp; The team has a lot of work to do on the website.&nbsp; But we have enough information at least to get you going and keep you in the right direction.</p><p>Let me start with the “Advanced Search” feature.</p><p>If you press on the “Search” button with nothing in it, just search. &nbsp;It brings you to this button, where you have “Advanced Search.”&nbsp; So you go into “Advanced Search.”&nbsp; The top portion is “Search,” but the bottom portion is “Advanced Search.”&nbsp; Click on “Advanced Search.”</p><p>You can search by putting in a search term which contains any of the words, contains a specific phrase, for example, “Adjustment of Status”--that phrase should be there; or containing none of the words. &nbsp;Some words you may not want.&nbsp;</p><p>I particularly like the fact that you can search in particular categories. &nbsp;These are categories, which are like tags.&nbsp; When you have tags, like a tag cloud.&nbsp; So these categories that are much more specific.&nbsp; And then, on top of that, you have types.&nbsp; There are content types.&nbsp; For example, let’s say I want to know if there’s a Community Story—you know, people’s experience.&nbsp; We tried to data mine some of these from our own forums.&nbsp;</p><p>If there’s a particular Community Story for citizenship.&nbsp; Find and click on the category, “Citizenship” under “Citizenship and Naturalization.”&nbsp; I know what specific story we’re looking for.&nbsp; Let’s put in the word “Detroit.”&nbsp; So I want somebody’s Community Story of what happened during Citizenship/Naturalization in Detroit.</p><p>And, after that, when I hit the “Advanced Search” button, I’m led right to the story, “Interview in Detroit.”&nbsp; This is somebody’s story about what happened in Detroit.</p><p>Another neat thing that we have is that, if you look at the bottom, we have these tags dimmed.&nbsp; The reason they are dimmed is because I’m not quite happy with the way we have cross-referenced information.&nbsp; But this is just the beginning.&nbsp; I’ve been doing this for the last several years.&nbsp; I’m still not happy, and we’re going to do more, a lot more, making information easily accessible to all of you.&nbsp;</p><p>So, let’s look at this.&nbsp; If I click on one of these tags, it will actually bring up the content, all the content, that has been tagged with that particular tag.&nbsp; So, if you look at this, all the particular content that has been tagged.&nbsp; If I look at any content.&nbsp; Let’s say, for example, if I go to “H-1.”&nbsp; I click on “Work&nbsp;<dfn title="A citizen of a foreign country, who wishes to enter the United States, generally must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa (green card) for permanent residence. The type of visa required is defined by immigration law, and relates to the purpose of travel.">Visa</dfn>,” I go to “H Visa,” and I go to “H Visas for Nurses,” for example.&nbsp; If there’s any tags at the bottom of this and there should be.&nbsp; There’s not going to be a lot of information, but whatever information that we have will be all there for you.&nbsp; Every piece of information that was tagged with that came up.&nbsp;</p><p>So, I think this should help you find your way around immigration.com.&nbsp; And I love doing this, and I thank you for being here.</p></div></div></div>Fri, 04 May 2012 07:58:31 -0300Podcasts and Videohttp://youtube.com/v/Mps6er5d3g8http://img.youtube.com/vi/Mps6er5d3g8/0.jpgPriority Dates can be carried forward even if old I-140 is revoked<h1>6 May 2015: We are noticing a VERY disturbing trend: USCIS seems to have reverted back to the position (or are in the process of reverting back) that priority date will be lost if the I-140 is revoked, even if revoked by the employer, not USCIS.</h1><p>Hello, everyone. &nbsp;This is Rajiv S. Khanna for immigration.com, the Law Offices of Rajiv S. Khanna, P.C.</p><p>&nbsp;</p><p>I am very pleased to report this morning that I saw a news report from USCIS Nebraska Service Center teleconference on April &nbsp;12, 2012, that clarified you can carry forward the Priority Date from one I-140 approval to another 1-140 approval for another employer, even if the old employer revokes the I-140. &nbsp;USCIS has flip-flopped on this issue several times.</p><p>&nbsp;</p><p>Let me first bring you to the news. &nbsp;Right here it says. &nbsp;If you look at the question number two. &nbsp;The answer is, both centers adhere to retaining the earlier priority date, unless the I-140 was revoked for fraud or willful misrepresentation. &nbsp;So the idea here is this: &nbsp;even if you go from Employer A to Employer B, and Employer A revokes the I-140 approval, the Priority Date is yours to carry forward to any employer you like--B,C,D,E--unless the employer A’s I- 140 was revoked for fraud or misrepresentation.</p><p>&nbsp;</p><p>The history of this interpretation is strange. &nbsp;A few years ago, this was the position. &nbsp;USCIS always said you can carry the Priority Date forward. &nbsp;A couple of years ago, they started saying, “No, you cannot.” &nbsp;We had several cases in which they raised this issue, so anybody who has had this issue decided against them can actually go back and file a motion to reopen/reconsider. &nbsp;I advise you to think about this very carefully. &nbsp;You could actually go back and ask USCIS for the Priority Date to be carried forward if they had earlier denied it. &nbsp;There’s &nbsp;a whole lot of people who went through this. &nbsp;File a motion to reconsider. &nbsp;Then USCIS started saying, “Well, you cannot do it.” &nbsp;</p><p>&nbsp;</p><p>Now they are back to their old, very good interpretation, which is in line with Congressional intention for AC-21, where Congress wanted to create room for people to leave their jobs and move on to other jobs because Green Cards were taking so long. &nbsp;So Congress said, “We’ll put in AC-21.” &nbsp;That will make it easier for employees to change jobs without losing their Green Card benefits.</p><p>&nbsp;</p><p>This is excellent news, folks. &nbsp;Once again, I am summarizing it for you. &nbsp;You can carry your Priority Date forward, even if the old I-140 is revoked, unless the I-140 is revoked for some fraud or some willful misinterpretation.</p><p>&nbsp;</p><p>One more thing I wanted to add. &nbsp;This is not good for H-1. &nbsp;Don’t think that if the I-140 is revoked, you can still use it for H-1 extensions. &nbsp;You cannot. &nbsp;If you want H-1 extensions beyond six years, you’ve got to have something else going. &nbsp;You cannot rely on the revoked I-140.</p><p>&nbsp;</p><p>That’s all I have to say on this issue. &nbsp;I will speak with you folks soon.</p><p>&nbsp;</p><p>Thank you for listening.</p>Fri, 27 Apr 2012 05:04:21 -0300Podcasts and Videohttp://youtube.com/v/TsVVoaWC2Bohttp://img.youtube.com/vi/TsVVoaWC2Bo/0.jpgWorking Outside USA While in GC or H-1 Process<p><strong>Transcript: Working Outside USA While in Green Card or H-1 Process</strong></p><p><strong>April 17, 2012</strong></p><p>Hello, everyone.&nbsp; This is Rajiv S. Khanna for immigration.com, the Law Offices of Rajiv S. Khanna, P.C.</p><p>I have in front of me a couple of questions from two different people.&nbsp; They’re related so I thought I would club them together.&nbsp; The basic idea is this:</p><p><strong>Can I, as an H-1 holder or as Green Card pending status individual, work outside USA instead of being inside USA? </strong></p><p>I am just going to do a quick talk on the implications of a person working outside USA while he or she is an H-1 or a Green Card applicant.</p><p>The first question relates to somebody who has an EB-3 Green Card pending.&nbsp; As you know, that’s a decade-long wait.&nbsp; So, people have to make some plans about their lives.</p><p>So this gentleman says, actually, he’s one of our clients, both myself and my wife are working on EAD and traveling on Advanced Parole.&nbsp; So they have got an I-485 pending but they are EB-3.&nbsp; He is the primary.&nbsp; She is the dependent.&nbsp; The wife wants to move to India for longer than one year and is planning to come back before her EAD gets expired.&nbsp;</p><p>First of all, is this okay?&nbsp; &nbsp;Yes, of course.&nbsp; As long your Advanced Parole is alive, EAD doesn’t matter if you are working outside USA with I-485 pending.&nbsp; Only thing we care about is your Advanced Parole or your H-1 visa.&nbsp; Under the circumstances, I would recommend Advanced Parole.&nbsp; Keep it active.&nbsp; Keep it alive.&nbsp; For a derivative, there is absolutely no problem if they are working outside USA.&nbsp; If you are the primary applicant for an I-485, things could be a little different.&nbsp; Now, what happens is that there’s a decision tree.&nbsp;</p><p>You can have two situations.&nbsp; One, you are still working for your Green Card sponsoring employer, but you’re working outside USA.&nbsp; The second situation is you’re working outside USA for somebody other than your sponsoring employer. &nbsp;What happens then?&nbsp; There is nothing illegal about it.&nbsp; Both of these situations are allowed.&nbsp; But there is a common sense rule here.&nbsp; The government could say, “Why is it if you have a permanent job in USA, your sponsoring employer can get the job done without you?” &nbsp;Now, there could be many reasons for this.&nbsp; One of the reasons could be the nature of the job is such that could be done anywhere for the time being. &nbsp;So the employer is willing to accommodate you. &nbsp;But, whatever the reasons are, be prepared to be sensitive to that question.&nbsp; Is there really a job?&nbsp; They can ask you that.&nbsp; The idea is that you could be working from anywhere.&nbsp; That is not the main issue here.&nbsp; The most important thing here is that there should be a good explanation that you have a job in USA that is ready and open for you.&nbsp;</p><p>One of the issues here is keep in mind that certain technologies don’t allow people from outside USA to work. &nbsp;Most people don’t know that.&nbsp; I think there is some restriction, for example, on encryption technology.&nbsp; I think certain encryption technology is considered weapons grade.&nbsp; Just look into that.</p><p>Otherwise, just ordinary commercial jobs, ordinary software development, ordinary financial consulting, can be done from anywhere.&nbsp; That is not an issue.&nbsp; Remember whether or not you have proper work authorization in USA.&nbsp; This is very important to also keep in mind.&nbsp; For example, if you are working from, for example, India, it is not required that you have proper work authorization in USA.&nbsp; I don’t care if you have an EAD.&nbsp; That’s perfectly legal.&nbsp; You are working on Indian soil, not on American soil. &nbsp;I don’t care if you have an EAD.&nbsp; I don’t care if you have an H-1.&nbsp; And that will bring me to my next question in a minute or two.</p><p>It also does not matter whether you come to USA periodically or not, as long as the job is alive and well and waiting for you, you should be okay.&nbsp; For the primary and the derivative.&nbsp; For the derivative, it is absolutely no problem.&nbsp; Her job is not implicated at all. &nbsp;She can work from anywhere. &nbsp;But, for the primary applicant, this idea that job is still there and waiting has to be kept in mind.&nbsp; And don’t make things up, guys.&nbsp; We’ve to be truthful about this.</p><p>The same situation for H-1 people.&nbsp; I’ve got people who go to India or go to their home countries and get stuck in long, long adversarial processes that go on to three months, four months, five months, six months.&nbsp; What should they do?&nbsp; If you can get your job outsourced and you can work from your home country while the H-1 process is going on, it’s absolutely no problem.&nbsp; You can continue working.&nbsp; Now there can be tax aspects that you’ve got to figure out with your CPA’s.&nbsp; How you do you get paid?&nbsp; Where do you pay taxes?&nbsp; Things like that.&nbsp; But those are tax issues and they can be figured out.&nbsp; People do it all the time.&nbsp; In fact, our own office has a couple of employees from other countries.&nbsp; &nbsp;I don’t think that’s a problem.&nbsp; That can be worked out.</p><p><strong>The more important question--What is the impact on my H-1?</strong></p><p>For example, I am outside USA for more than one year.&nbsp; What happens to your H-1 is that, after one year outside USA, you can reset the clock and have six years of H-1 all over again, or you can go with something like a remainder option.&nbsp; It’s called the remainder option.&nbsp; I’ll explain the rule in a minute.&nbsp; The idea here is this.&nbsp; If you are outside USA for more than one year, you get six years of H-1 back, but then you are subject to the H-1 quota.&nbsp; If you’re outside, good news is six years back.&nbsp; Bad news is quota.&nbsp; If you don’t want to be subject to the quota, you have to give up your right to six years of H-1 and take whatever is remaining in your H-1 six years initially.&nbsp; That’s called the remainder option.&nbsp; Those are the choices you have.&nbsp; There is nothing wrong in working outside USA.</p><p>Bear in mind these principals.&nbsp; If a primary applicant, make sure there’s a job available.&nbsp; If a derivative on an I-485, work from anywhere.&nbsp; No problem.&nbsp; If on H-1, you can outsource the job.&nbsp; You can work from anywhere in the world.&nbsp; Doesn’t matter where you are.&nbsp; The only thing is, at some point, if it’s more than one year outside USA, you have to make a choice of either a remainder or resetting the clock and being subject to the quota.</p><p>I hope that explains things adequately, guys.&nbsp; As always, it’s good talking with you.&nbsp; I will speak with you folks soon.</p><p>&nbsp;</p>Tue, 17 Apr 2012 08:43:47 -0300Podcasts and Videohttp://youtube.com/v/KaEeKw4YH7Uhttp://img.youtube.com/vi/KaEeKw4YH7U/0.jpgFeatures on Immigration.comMon, 16 Apr 2012 19:31:46 -0300Podcasts and Videohttp://youtube.com/v/OriXGCwaBBshttp://img.youtube.com/vi/OriXGCwaBBs/0.jpgAccreditation of distance education for EB-2<p><span class="Apple-style-span">Topic: &nbsp;Accreditation of Distance Education in USA</span></p><p><span class="Apple-style-span">Date: &nbsp;March 12, 2012</span></p><p><span class="Apple-style-span">Total Time: &nbsp;2 mintues 40 seconds</span></p><p>Hello, everyone. &nbsp;This is Rajiv S. Khanna for the Law Offices of Rajiv S. Khanna, P.C, immigration.com.</p><p>A number of people have asked me this question in the last few days about how do they tell, if they finish a masters degree online through distance education in the U.S., how do they know if the degree is accredited?</p><p>I have looked into this issue because it became such a big issue for people, especially those who are born in countries where EB-3 is very backed up and EB-2 is a much better option.</p><p>So I did some review. &nbsp;This is the best of my knowledge.&nbsp; I am not an expert in accreditations, but what I see is this. &nbsp;On the screen in front of you, you see this page where they talk about accrediting agencies recognized for distance education and correspondence education.</p><p>This is a page on the Department of Education website.&nbsp; &nbsp;</p><p>http://www2.ed.gov/admins/finaid/accred/accreditation_pg10.html</p><p>Let me backtrack for a second.</p><p>First thing you do is ask the school where you want to go whether the particular program you want to do is accredited and, if so, who accredits it.&nbsp; In other words, the accreditation agency that is accrediting it. &nbsp;Get the name, and see if that name appears on this list right here.</p><p>Sometimes a particular program or a particular degree might be accredited, but not the whole school, and sometimes vice versa. &nbsp;So be careful--make sure that particular program is covered by the accreditation.</p><p>Good luck to you folks and if you have further questions, log in to the community conference call or we can talk a little bit on the blog itself.</p><p><span class="Apple-style-span">&nbsp;</span></p>Mon, 12 Mar 2012 19:27:15 -0300Podcasts and Videohttp://youtube.com/v/zz6GhMMPJGkhttp://img.youtube.com/vi/zz6GhMMPJGk/0.jpgExpert interface features in Immigration.ComSun, 19 Apr 2009 15:17:00 -0300Podcasts and Videohttp://youtube.com/v/OriXGCwaBBshttp://img.youtube.com/vi/OriXGCwaBBs/0.jpgOverview of our MenusSun, 19 Apr 2009 10:13:08 -0300Podcasts and Videohttp://youtube.com/v/O9fr2mc0elshttp://img.youtube.com/vi/O9fr2mc0els/0.jpg